Unauthorized use of my car on Ebay
06-17-08, 01:13 PM
#47
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I actually agree with the seller here. "Relax"! He has done nothing legally wrong, if your picture was not copyrighted or otherwise protected under some intellectual property umbrella.
06-17-08, 01:15 PM
#48
sounds like you got everything taken care of and the guy removed the pics...
just to get this out of the way, i have no idea who the hell this dude is.. but considering he has 100% positive feedback i think its safe to say he probably wasn't intentionally trying to damage your reputation and steal from you... he's just lazy and uneducated. and i doubt you're going to have to worry about your good name or your sponsors good name being tarnished via one falsely depicted ebay listing. could you imagine if every celebrity that saw a photoshopped xxx image of themselves with someone else's husband or wife in the latest Enquirer trash tabloid went off and bugged the hell out each and every time? they'd all give themselves heart attacks. bad news. be easy.
sadly, he probably just doesnt know any better not to do this type of thing. you'd be surprised how many ebay sellers are completely oblivious to image and description rights. copy, paste, done. ignorance doesnt make it right, but im just saying, with the amount of photos you have online, dont be surprised if this happens again... and since he took care of his mistake already, maybe just forget it and even be a little flattered.
on the bright side, we all know how you love getting exposure. this gave you another mini opportunity.
06-17-08, 01:25 PM
#49
Lexus Test Driver
LOL I didnt read all the posts, but I have to laugh because on the Tiburon forum I'm on, one of the guys had his car being sold on Ebay without him knowing lol. Some idiot took the pictures and specs off of the forum and used them in his listing to his own car........he was pissed lol
He reported him to ebay and what not but nothing happened except for getting the seller banished
He reported him to ebay and what not but nothing happened except for getting the seller banished
06-17-08, 01:40 PM
#50
Dances with goats
06-17-08, 01:49 PM
#51
lol - from the words of bruce lee, "boards don't fight back"
According to United State's Intellectual Property law, The Copyright Act of 1976, based on the Berne Convention International Treaty, creates an umbrella for universal copyright rights for individuals with original and unique creations(among other qualifications), like photographs of your car. This is known as the "Poor Man's Copyright". Using this principle only, you can only sue for actual damages caused, and burden of proof falls upon you, the accuser. If you want to actually sue for actual damages, punitive damages, and legal fees, you have to register for a copyright with the United States Copyright Office and get your (c) symbol after your pictures. This is prima facie evidence and will help you collect damages in a copyright infringement tort case.
Without a copyright, your wasting your time.
I'm gonna leave some negative feedback on his account.
Without a copyright, your wasting your time.
I'm gonna leave some negative feedback on his account.
sounds like you got everything taken care of and the guy removed the pics...
just to get this out of the way, i have no idea who the hell this dude is.. but considering he has 100% positive feedback i think its safe to say he probably wasn't intentionally trying to damage your reputation and steal from you... he's just lazy and uneducated. and i doubt you're going to have to worry about your good name or your sponsors good name being tarnished via one falsely depicted ebay listing. could you imagine if every celebrity that saw a photoshopped xxx image of themselves with someone else's husband or wife in the latest Enquirer trash tabloid went off and bugged the hell out each and every time? they'd all give themselves heart attacks. bad news. be easy.
sadly, he probably just doesnt know any better not to do this type of thing. you'd be surprised how many ebay sellers are completely oblivious to image and description rights. copy, paste, done. ignorance doesnt make it right, but im just saying, with the amount of photos you have online, dont be surprised if this happens again... and since he took care of his mistake already, maybe just forget it and even be a little flattered.
on the bright side, we all know how you love getting exposure. this gave you another mini opportunity.
just to get this out of the way, i have no idea who the hell this dude is.. but considering he has 100% positive feedback i think its safe to say he probably wasn't intentionally trying to damage your reputation and steal from you... he's just lazy and uneducated. and i doubt you're going to have to worry about your good name or your sponsors good name being tarnished via one falsely depicted ebay listing. could you imagine if every celebrity that saw a photoshopped xxx image of themselves with someone else's husband or wife in the latest Enquirer trash tabloid went off and bugged the hell out each and every time? they'd all give themselves heart attacks. bad news. be easy.
sadly, he probably just doesnt know any better not to do this type of thing. you'd be surprised how many ebay sellers are completely oblivious to image and description rights. copy, paste, done. ignorance doesnt make it right, but im just saying, with the amount of photos you have online, dont be surprised if this happens again... and since he took care of his mistake already, maybe just forget it and even be a little flattered.
on the bright side, we all know how you love getting exposure. this gave you another mini opportunity.
LOL I didnt read all the posts, but I have to laugh because on the Tiburon forum I'm on, one of the guys had his car being sold on Ebay without him knowing lol. Some idiot took the pictures and specs off of the forum and used them in his listing to his own car........he was pissed lol
He reported him to ebay and what not but nothing happened except for getting the seller banished
He reported him to ebay and what not but nothing happened except for getting the seller banished
haha yeah too funny
06-17-08, 03:29 PM
#57
lol i'm not suing anyone lol. however the pictures were watermarked for the tunerzine feature and were property of changaroo photography. lol negative feedback ftw lol
he hasn't done anything that is initially wrong. however, let's say someone buys these wheels and is like well they fit well on the car in the picture but they don't fit at all on the car etc... and as stated about the pics were done by a professional photgrapher for use in a feature and it was watermarked. so he took the time to crop the picture not to show the watermark.
he hasn't done anything that is initially wrong. however, let's say someone buys these wheels and is like well they fit well on the car in the picture but they don't fit at all on the car etc... and as stated about the pics were done by a professional photgrapher for use in a feature and it was watermarked. so he took the time to crop the picture not to show the watermark.
From what carbongs said, he REMOVED the watermarks, not just a simple right hande click cut and past.
What's bad was this idiot seller DIDN'T APOLOGIZE and told him to RELAX-WTF???????
So if someone took a picture of your car with your plate, you'd be perfectly fine???
No problem carbongs, glad you got it taken care of
By the way, stupid ebay won't allow negative feedbacks anymore!!!
06-17-08, 03:56 PM
#58
in regards to ebay... you could never just leave people random negative feedback for no reason if you didnt make a purchase from them or sell them something. the ONLY thing they changed is that sellers can no longer leave bogus negative retaliation feedback. they did this to correct a huge problem with ebay, which was a buyer would win an auction, pay immediately, some how get screwed over by the seller, leave them legit negative feedback, and then the seller would bang them with a negative in return just because they were pissed off the buyer left them one.. ive always thought that was absolute bs and should have been taken care of a long time ago. the only thing different now is that as a buyer, if you pay, you can only receive positive feedback or they can choose to leave none at all. its definitely a buyers market now on the bay and i feel slightly bad for honest sellers who might run into people that will now leave negative feedback at the slightest hint of a problem rather then trying to work it out first.. but this is going way OT lol.
06-17-08, 04:28 PM
#59
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glad to hear he removed the pictures of your gs from his listing, it seems it was an honest wow that car looks good with these wheels lets show it and not meant to be too mischievous as he acquiesced to your request rather quickly. he could have been nicer in his response to you though
i had a situation a year ago with a dealership on autotrader using pictures of my e30 convertible in their listing. an email from a manheim email account to autotrader (manheim created autotrader) permanently shut down the dealerships accounts with them. even drove by and looked at the car it was in poor shape and not show room like mine :-D. but i did offer them ruff book whole sale for it
i had a situation a year ago with a dealership on autotrader using pictures of my e30 convertible in their listing. an email from a manheim email account to autotrader (manheim created autotrader) permanently shut down the dealerships accounts with them. even drove by and looked at the car it was in poor shape and not show room like mine :-D. but i did offer them ruff book whole sale for it
06-18-08, 07:14 AM
#60