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#1 |
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without my permission. What can I do ?
http://cgi.ebay.com/ws/eBayISAPI.dll...m=270183270584 |
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#3 |
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Submit a NOCI form via the VeRO program.
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#5 |
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#7 |
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#10 |
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#11 |
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I think many sellers don't care so long as their item sells, so the best way to get their attention is to get the auction stopped before it ends. If they re-list the item again with an unauthorized photo, stop them again. EBay needs time to process the noci, so the sooner it's sent in, the better.
It takes work to protect rights, so you have to decide what it's worth. |
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#12 |
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#13 |
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#14 |
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#15 |
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Nice points Zach and Candace. The fact that they are not giving credit to the people the deserve it for the time and money that they put into buying, caring for, and photographing their plants is the root of the problem. Besides that though, by showing the bloom off plants with a completely different genetic background, and I think that they are essentially being dishonest to their customers. The photo that they are using of the Paph. kolopakingii is off Cloud's website, but I very much doubt that the one the are selling is the same quality. On their page they say, "The other picture is what the blooms will look like" not that the photo is representative of the blooms.
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#16 |
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#17 |
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#18 |
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I let people use my images whenever they contact me providing they're not being used inappropriately. I've got a few that ended up on plant stakes mass marketed by the thousands for large scale wholesale nurseries but... I'm not in competition with them because I don't sell plants and I'm certainly not even close to being a professional photographer so if they want to save time, energy, and expense to market their plant using one of my photographs; more power to them. Actually, I'm often times amused when I am contacted because I point and click with a camera and everything is on automatic. If I found someone using an image of mine without my knowledge and consent, I'd probably decide whether to go gunning for them based on how it was used but that's just little at-home gardener with nothing at stake me.
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#19 |
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All good points made above. I would add that my photos have been lifted from a commercial grower's site. I take the photos for Porter's Orchids and maintain their site. When I first started this site and posted my photos, I never dreamed there would be an eBay, or that sellers there would steal photos for their own profit. I taught Photoshop and Painter for a number of years, and always made sure my students knew about copyright issues.
I, like all trained photographers, spent years studying photography, and thousands of dollars for all the equipment I use. I don't understand why anyone would not think it was wrong to use my photos without my permission. I filled out and faxed the NOCI form to eBay. I also wrote to Joe (j&k) and told him I was very unhappy about his use of one of my photos for the second time. I've not heard back from either eBay or Joe yet. Finally, it is just plain unethical and illegal to steal property that belongs to someone. These people who don't bother to contact the originator know what they are doing -- they just hope the internet is so big and "free" that no one will notice. So thanks for noticing and bringing these thefts to our attention. A deep thanks to all the folks here that recognize when a photo of one of our members has been used in a situation that makes them question the legitimacy. |
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#20 |
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