Photos posted on Cyclechat being used elsewhere

[simon.r]

This is an observation rather than a moan:

A few photos I posted on here have appeared on an eBay advert. The photos showed a rack I’d fitted to a Brompton and were being used to illustrate how the product looked when fitted. The photos have only been posted on this forum. The eBay seller isn’t the seller I bought the rack from.

I emailed him to query it and he replied that he’d found the images on Google photos.

I don’t have an issue with this and the seller was very reasonable in his response (retrospectively asking if it was OK if he used the photos).

Is there a site policy on this issue?

Post on here: https://www.cyclechat.net/threads/ace-rack-and-wheels-for-brompton.224133/

eBay advert: https://www.ebay.co.uk/i/263262650847

 

[User33236]

He's a business seller. Tell him no and send him an invoice for using it without permission. Almost certainly wont get you anywhere but may put him off ripping of other folks photos in future

 

[mjr]

It does look like the site copyright terms have gone AWOL.

 

[raleighnut]

If you post photographs on an open forum then of course they can be copied, much like we copy photographs (and videos) onto this site.

 

[mjr]

If you post photographs on an open forum then of course they can be copied, much like we copy photographs (and videos) onto this site.

Technically, they can. However, legally they must not be, except for certain exempt purposes (such as caching).

 

[steveindenmark]

I cannot see the problem in this instance. But there could be instances where you dont want other people publishing your photos. Is there a way we can stop it?

 

[User33236]

I cannot see the problem in this instance. But there could be instances where you dont want other people publishing your photos. Is there a way we can stop it?

No problem? The bloke is operating a business and using an image belonging to the OP. If he wants to use it then he should pay for the privilege. I’m sure sites like Alamy wouldn’t hold back in hitting him with an invoice if he nabbed one from them.

To answer the second part:

Short answer no.

Long answer. No but can cut down / eliminate it by making any photos you upload undesirable by using low res, heavily watermarked images.

 

[smutchin]

Is there a way we can stop it?

Report it to ebay. It's a simple case of misrepresentation - the seller is using an image of someone else's item, not the one he is selling. A common trick used by ebay scammers who often don't even have an item to sell.

Doesn't matter if the seller is legit, this is not a legit use of the image. This is all made pretty clear in the ebay seller's terms and conditions.

 

[jefmcg]

Now when we link to a photo on the web, CC makes a copy of it and stores it locally. As far as I can tell, once the copy is made it's impossible to identify where the image came from.

So if CC is not respecting other websites' copyright, I don't see how they could take a stand on others doing the same.

And from a practical point of view, if someone can see your image they can take it. You can make it look nasty as @User33236 suggests, but please don't do that

A tip if you are sharing a photo you think might have intrinsic value (eg of a news event), you should crop it a bit, even if it's not necessary. Having the complete image that no one else has would help you prove ownership.

 

[smutchin]

Here's ebay's images policy: http://pages.ebay.co.uk/help/policies/image-text.html

And the relevant bit:

It's entirely up to you if you give him permission, but personally I think it's potentially misleading for buyers so would probably refuse if it were my images.

If you had previously offered this item for sale on ebay and used those pictures in the listing, it's possible that ebay would have added the images to its own product catalogue, and other sellers would thus be allowed to use them, but I take it that's not the case in this instance.

 

[Milkfloat]

When people direct linked to my photos on ebay and I found out, I edit my picture to something rude. This thread has given me the idea to switch to a similar but far more expensive item so the seller can get screwed by ebay for miss-selling.

 

[Crackle]

Someone did the same thing from an advert on here. I put a saddle up for sale which someone bought, obviously didn't get on with and flogged it on road.cc with my images and for a fiver more! Cheeky git.

 

[classic33]

There was a picture of a stolen trike, used on here, when it was being sold.

 

[mjr]

@smutchin did you have permission to use that image from ebay?

"Copyright in a work is not infringed by the use of a quotation from the work (whether for criticism or review or otherwise) provided that (a)the work has been made available to the public, (b)the use of the quotation is fair dealing with the work, (c)the extent of the quotation is no more than is required by the specific purpose for which it is used, and (d)the quotation is accompanied by a sufficient acknowledgement (unless this would be impossible for reasons of practicality or otherwise)." http://www.legislation.gov.uk/ukpga/1988/48/section/30

 

[smutchin]

Most relevant is point (d) - I made it clear that it was a quotation; I wasn't passing off someone else's work as my own.

But a good gag by @Dogtrousers none the less.