E Bay: Crating and Shipping your KTM / Penton

[OUCWBOY]

Hello all!
Have you seen the many listings from retrolawyer about Crating and shipping your XXXX? Well I kept wondering where he got the photos of such good looking machines. Well I just looked at the listing for Crating and Shipping your KTM / Penton. This photo is in my driveway of my old Woodsman. I'm thinking the use of someone else's photos to make a profit would be against the law without authorization. Any ideas?

Donny Smith

[Larry Perkins]

It is against ebay rules.  I had someone buy one of my auctions then later sell same item on ebay and use my pic from my auction.  Ebay did not like.

 

[Larry Perkins]

It is against ebay rules.  I had someone buy one of my auctions then later sell same item on ebay and use my pic from my auction.  Ebay did not like.

 

[desmond197]

It is against the copyright law. You do not have to file a copyright on a photo or a work of art. It is automatically applied. you can sue for damages in court.

 

[classof74]

You could sue in small claims court or seek compensation in a civil trial. If you have 3-5 years to wait for your trial date, have enough "cubic" dollars to pay for an attorney versed in confusing copyright law and can prove you were actually damaged and not simply inconvenienced, I'd say go forward.

When it's all said and done and you win your case AND get a significant judgment against the guy, you still might have a hard time collecting any compensatory damages, especially after the guy goes out and files bankruptcy.

Maybe the better route to go is to simply ask the guy to give you photo credit, with a link back to this site. Thus everytime he uses your photo, POG benefits and you get the satisfaction of knowing everyone that reads his Penton ad learns your name.

[cardojr]

damned impolite if you ask me!!
i have used other peoples info for booklets
and catalogs only with their permission and a big thank you afterwards (thanks again frank c)--if nothing an apology is in order
rob

 

[OUCWBOY]

Retrolawyer had indicated to me that he removed the photo of the Woodsman and replaced it with another photo. If you click onto the e bay listing. you will see that he did that. He replaced it with the photo of my Berkshire that I sold last month. Notice the same driveway!