Another seller saying im using his pictures!

Dustangle

Alternative advice, because you seem determined to stick with using that photo - ask the manufacturer for consent to use the photo?

A fee may be payable.

frivolous_fay

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

So you didn't nick it from HIM, but your conscience isn't exactly clear, is it?

Do ya feel lucky?

Dizzie77

Sunny - that was the way I read it to start with too, but I think the OP means that a seller other than himself.....

DaveAshton

the182guy wrote: »

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

I'd guess so. Ebay don't have the time (or resources) to check every retail site to see if the complainant owns the photo, or just got there first. They just do what they can.

the182guy

sunnysea83 wrote: »

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

I think you have misinterpreted it, the OP is a seller so I think he is meaning 'another seller' as in a seller in addition to himself.

sunnysea83 wrote: »

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.

As the OP said, he does include his own photos of the item in addition to the photo in question.

steven_garner

Dustangle wrote: »

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?

Well this is not reflected in my feedback, sales and customer satisfaction, i have found in the past using manufacturers photos advertise my products when selling product on a large scale work better then if i use one of my own (as i stated in my listing i have several of my own also that defines features and characteristics)

If i was selling car, stamps, coins, phones anything used or specialised i would always use my own photos but seeing as these are brand new products in sealed boxes i see no need to use my own picture in the listing title when manufacturers have professional photos taken to advertise the products.

How can you be so sure i have no rights?
On the manufactures website i see no mention of any copyright nor do i see any on other websites that host the same picture so i don’t see what im doing as being wrong at all.

steven_garner

sunnysea83 wrote: »

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.

No,

This is just my poor grammer -

i just meant a seller other then me.=.. if that makes sence.

the182guy

DaveAshton wrote:

I'd guess so. Ebay don't have the time (or resources) to check every retail site to see if the complainant owns the photo, or just got there first. They just do what they can.

It's not the same photo though, the one the complainant is using has a watermark and borders, which means it would have been difficult for the OP to steal that photo and remove the borders and watermark. Also if there was a dispute, the OP could just link to a list of other websites using the unwatermarked photo.

Dustangle wrote: »

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.

A thief for using a manufacturers stock photo on eBay? Millions do it, and the manufacturers do not usually mind.

Dustangle wrote: »

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?

Once again, OP has said he does use his own photos in addition to the manufacturers stock photo.

steven_garner

Thanks for all of your reply’s guys (apart from Dustangel – don’t brand me a thief, if I was a thief I could be doing a lot worse things on eBay then listing items with manufacturers pictures!)

Looking around on the net doesn’t really clarify anything; it all seems to be mixed feeling.

The link below indicates that most manufacturer’s pictures are not copyrighted but still a bit iffy on the subject.

http://www.webmasterworld.com/forum22/4632.htm

I think I will contact the manufacturer or even my supplier (being an authorised re-seller they should be able to give me permission?!)

I think the other seller is playing scare tactics to remove the competition

Thanks everyone.

ceepee1

Why dont you just ignore him. If the manufacturer had contacted you or Ebay with this complaint that would be a different story but this guy would surely have to show that it was his in the first place which it doesnt look like it was. Sounds to me like he doesnt want your photo being similar to his and is just making idol threats. If there is an issue generally in anyone using the manufacturers photo then presumable Ebay would have the same issue with him so I doubt he will put himself in that situation by complaining to them (as v. unlikely he has permission to use it either.)