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eBay auction picture / ownership / violate agreement?

(1 of 6)
eBay auction picture / ownership / violate agreement?
Jun 6, 2012 08:47 AM

Hello.  I own a niche store that pulls in unique collectables.  I was wondering if it's ok to use some of the auction pictures as content in a gallery as some of these items are unique.  Once they're bought, the public will never see them again.  So basically who owns them and am I in trouble if I reuse those pictures without getting into trouble?  Thanks.

Jack

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eBay auction picture / ownership / violate agreement?

(5 Replies / 371 Views)
eBay auction picture / ownership / violate agreement?
Jun 6, 2012 08:47 AM

Hello.  I own a niche store that pulls in unique collectables.  I was wondering if it's ok to use some of the auction pictures as content in a gallery as some of these items are unique.  Once they're bought, the public will never see them again.  So basically who owns them and am I in trouble if I reuse those pictures without getting into trouble?  Thanks.

Jack

Last Post
by clickimusprime (0) View Listings
(1 of 5)
Re: eBay auction picture / ownership / violate agreement?
Jun 6, 2012 10:40 AM
Sellers agree to terms that allow you to display the images.
At some point you'll probably encounter a copyright claim due to a seller who steals an image or uses something from a website that illegally redistributes images. There have also been some cases where sellers complain about their images appearing elsewhere despite agreeing to the terms.

Copyright law allows you to use thumbnails and product images under "fair use". Full images are not protected. The larger your images are, the more risk you take. Most copyright issues are easily resolved by removing the images. But some photo sales companies are not reasonable.

Read up on the DCMA, fair use and arribasoft v kelley.


(2 of 5)
Re: eBay auction picture / ownership / violate agreement?
Jun 6, 2012 03:26 PM

ie - Getty


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(3 of 5)
Re: eBay auction picture / ownership / violate agreement?
Jun 6, 2012 03:28 PM

But some photo sales companies are not reasonable.

ie - Getty


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(4 of 5)
Re: eBay auction picture / ownership / violate agreement?
Jun 6, 2012 09:53 PM

HAN is another one getting attention for their practices. An interesting countersuit has been filed accusing them of setting up a scam around photo copyrights.

 

"...offering them for free us was part of an elaborate scheme to scam people who saw the photographs and used them pursuant to the invitation..."

 

http://www.extortionletterinfo.com/forum/getty-images-letter-forum/aloha-plastic-surgery-submits-counter-claim/

 

http://www.scribd.com/doc/94563990/Hawaiian-Art-Network-Vincent-Tylor-vs-Aloha-Plastic-Surgery-Defendant-Counterclaim

 


(5 of 5)
Re: eBay auction picture / ownership / violate agreement?
Jun 7, 2012 12:34 AM

Hehe - that last post got my account locked for a little while.


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