Another seller saying im using his pictures!

steven_garner

Hi guys,

I searched for a manufacturer picture of a product I sell and found a professional picture on Amazon (not market place) the same photo is used on loads of different websites so believed it to be a picture from the manufacturer.
Anyway, a seller (who sells from HK but has stock in UK) has messaged me asking me to remove/ change the photo or he will report me to eBay, he said he has been using the image for over a year.

Hi has the same picture on his product accept his has a frame and watermark…

I replied to his message asking him to prove that he is the owner of the image and I will happily remove it, his response is that he doesn’t have to prove anything to me and will prove to eBay if I don’t remove it, and is saying I coupled get my account banned for 6 months

Any advice??

Should I contact eBay?

Dustangle

Use a different picture from the one you nicked.

Dizzie77

Why don't you take your own photo of the item?

steven_garner

Dustangle wrote: »

Use a different picture from the one you nicked.

its not "nicked" its the picture professional and well known websites are using to represent the product, clearly from the manufacturer.

Its not like he took a photo of it and i nicked it, i see it being no differant from using eBay stock photos.

the182guy

Hi Steven.

I suspect that this person doesn't own the copyright to the photo and is just trying to make you change it. If he had proof he would have advised instead of saying he doesn't need to prove it. Unless he has the original full res version then I don't see how he can prove copyright ownership.

So you can either carry on using it and possibly end up in a long drawn out dispute, or use a different photo.

steven_garner

Dizzie77 wrote: »

Why don't you take your own photo of the item?

Because i have hundreds of these products i wanted a professional photo on the listing, i do have several of my own photos within the listing but even using a good camera i don’t get the same quality photos.

DaveAshton

the182guy wrote: »

I don't see how he can prove copyright ownership.

He won't need to. If his listing's been live longer than yours, that's all ebay need (they'll compare the history of the item numbers).

Dustangle

steven_garner wrote: »

its not "nicked" its the picture professional and well known websites are using to represent the product, clearly from the manufacturer.

Its not like he took a photo of it and i nicked it, i see it being no differant from using eBay stock photos.

It's terrible when thieves fall out. You plainly don't have the permission of the owner of the photo to use it. The fact the person you're unhappy with might have nicked it from the manufacturer - though you don't know this for sure - doesn't mitigate your offence. The person who's asked you to stop using the photo he or she uses doesn't have to prove anything to you.

You asked for advice. Stop using this photo over which you have no rights and take your own photo.

If people see you have a photo of the real thing rather than a stock photo they might have more confidence in you as a seller. Right now, they are more likely to think if you'd pinch a photo, would you treat them fairly?

steven_garner

DaveAshton wrote: »

He won't need to. If his listing's been live longer than yours, that's all ebay need (they'll compare the history of the item numbers).

But if his has a big boarder and watermark that prooves i didnt take the picture from him as mine is completly unmarked?

Cheers

the182guy

DaveAshton wrote:

He won't need to. If his listing's been live longer than yours, that's all ebay need (they'll compare the history of the item numbers).

Is this true for manufacturers stock photo's? If so then eBay do it for their own convenience only.

steven_garner wrote: »

But if his has a big boarder and watermark that prooves i didnt take the picture from him as mine is completly unmarked?

Cheers

If it's a manufacturers stock photo then technically he is breaking the law by modifying the photo, although the manufacturer is likely to ignore it.

sunnysea83

you say in your title 'another selling saying' - has this happened to you before then??

Have to say when im buyin i like to see the actual item not a stock picture, like with dvds and games i hate it when people use the ebay stock photo, with some items of clothes its nice to see the stock photo too but the actual item is far more important to me.

i always take my own picture of everything and never use stock photos.