So my photos got stolen and used for ads

im2c0ol · Jan 6, 2016

I do photography as a hobby, sharing my work on the forums.
I found few ebay sellers used my pictures in their ads without my permission.

here are the links that my pictures got stolen
Extreme Xenon White LED License Plate lights For 2015 Subaru Legacy

Any my original picture
IMG_0118

Picture was stolen from this thread.
Im2c0oL's 15' Legacy CWP Build Log

Im2c0oL's 15' Legacy CWP Build Log

tirediron · Jan 6, 2016

Well that sucks... have you contacted eBay and the vendor and requested the ad be removed?

astroNikon · Jan 6, 2016

^^ what he said
eBay should take it off without hassle.

and .. nice car

im2c0ol · Jan 6, 2016

I think I did sent the seller an email but didn't remember I get any response back.
That was probably over haft a year ago.

I wonder who has similar issue, what's the best way to handle this correctly?

tirediron · Jan 6, 2016

im2c0ol said:
I think I did sent the seller an email but didn't remember I get any response back.
That was probably over haft a year ago.

I wonder who has similar issue, what's the best way to handle this correctly?

That doesn't make it sound like you're overly concerned... The best way to handle this depends on what you want. Are you just after an apology? Do you want monetary recompense? The ad removed?

im2c0ol · Jan 6, 2016

Well they been using my picture to make money over a year now, so if it was you guys what do you guys suggest I should do? I wanna know what actions I could take against and see what they response.

480sparky · Jan 6, 2016

Send Ebay a DMCA Take-Down notice.

sm4him · Jan 6, 2016

im2c0ol said:
Well they been using my picture to make money over a year now, so if it was you guys what do you guys suggest I should do? I wanna know what actions I could take against and see what they response.

Well, first of all, I wouldn't have sent a request for the ad to be removed, and then let it all drop for six months.
At this point, I think I'd just contact Ebay, ask for the ad to be removed, and then STAY on top of it until the ad is actually gone--you essentially *allowed* the seller free use by not really pursuing this for so long--I'd just want to be done with it.

tirediron · Jan 6, 2016

im2c0ol said:
Well they been using my picture to make money over a year now, so if it was you guys what do you guys suggest I should do? I wanna know what actions I could take against and see what they response.

You've got a few choices: You can ask eBay to remove the ad for copyright violation, you can ask the seller to stop using your image and/or you can take legal action. This means engaging a lawyer probably putting out a LOT of cash up-front. You need to decide how much you've been hurt by this, and then consult a lawyer for REAL advice on your options.

astroNikon · Jan 6, 2016

A quick search and I think they are an eBay driven company ONLY.
meaning they don't seem to have a website (HIDsUSA - which is just a front for their eBay store), nor a store location, ie probably stock in their garage/basement. I only checked briefly so they might actually exist.

They do pay Florida sales tax, at least they collect it.

interesting .. they have a different address listed in eBay (Lehigh Acres, Florida) than Facebook (9511 Fontainebleau Blvd Miami, Florida) which looks to be an apartment building via google maps with a phone number (305) 979-5016
the FB page links back to their eBay user page.

In other words, I don't think they really care.
So it would all depend upon how much you care that they have been using your photo of over 1/2 a year or over a year and what outcome you want.

480sparky · Jan 6, 2016

tirediron said:
.....or you can take legal action. This means engaging a lawyer .........

In the USA, one needs a USCO registration to take this route. Without it, any copyright lawyer will not even bother talking to you.

im2c0ol · Jan 6, 2016

I check ebay report no option for photo copyright.

Derrel · Jan 6, 2016

Congratulations on shooting an image that's good enough to steal!

Buckster · Jan 6, 2016

Here's a relevant thread that may interest the OP

Link: Should I Be Upset About This? | Photography Forum

Some relevant points to think about:

First thing to ask yourself is: What do you want? For them to just stop using it? To get credited as the photographer? To get monetary compensation?

For the first two, you need to realize that most folks out there don't really care or take very seriously "requests" or even "demands" to stop using your image, because they know that most people won't do anything about it if they don't comply. So, a lot of the time, they just ignore you, as it appears has happened to you in this case. And now that they haven't heard anything more about it in 6 months or so, they're feeling even more confident that it's all good and they can just keep using it with no repercussions. It also emboldens them to use others' photos for whatever purpose they want without asking any of those other photographers either.

They figure, quite correctly, that most people think that in order to legally pursue it, you'll need to put out some or even lots of bucks to an attorney up front, just like a moderator earlier in this thread stated. If you just want them to stop using it or force them to give you credit as the photographer, that's true. Attorneys don't work for free.

However, it ISN'T true as long as you're pursuing monetary compensation - the attorney simply takes his percentage cut of the settlement when the infringer pays. Not that it matters much to the infringers out there, since they know that most people believe they'll need to pay attorney fees up front, especially when people seen as authority figures like, say, a moderator on a photography forum, says it, so the photographers don't think they can afford to pursue it. Even more so when others chime in and agree that it's true you'll have to pay attorney fees up front just to get started.

While it's not actually true that it will necessarily cost attorney fees up front just to pursue monetary compensation (I've never had to pay a dime up front, as an example), with no guarantee you'd get anything out of it, it IS true that many attorneys will not take the case unless the image has been registered with the copyright office OR it was used by an entity that the attorney can expect to get big bucks from by taking the case.

In that latter case, the knowledgeable copyright attorney will get an emergency copyright registration in order to pursue the case. In your case, you gave the infringer proof via email that you knew about it at least 6 months ago and, unfortunately, you only have a limited amount of time after finding out about the infringement to file for an emergency registration. I don't recall off the top of my head what that time limit is, as it never comes up in my world - I register regularly. Related, I also never contact an infringer, as anything said might be used against my interests, so I leave it all to the attorney.

Those with concerns about others using their work without permission regularly file their newest images with the copyright office. Whether you want the infringer to just take it down and stop using it, or give you credit as the photographer, or you want to pursue monetary compensation, a registered copyright of the work gives you the legal teeth needed to keep from being ignored on the issue.