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Thread: Ebay and protecting people infringing copyright - my story

  1. #1

    Ebay and protecting people infringing copyright - my story

    I know I'm fighting a losing battle trying to keep my work from being copied and sold but I'm fighting it anyway and taking some blood.

    Here's my story, I troll the internet looking for copyright infringement of my images and find several a week. Most folks are good and don't understand copyright law and take them down. Others need a little pain to get their attention.

    Examples of infringement, I found a student at the Chicago Art Institute copying and reproducing my x-ray art. She was also copying Disney and other trade marked art.

    I find numerous uses of my documentary images of Popcorn Sutton being used on playing cards, T shirts, sweat shirts, greeting cards, Christmas ornaments and etc. I've found people in England, Norway, Italy and other locations around the world. Most of the sites like Zazzle will gladly take them down. These images have become iconic and have become high demand items since the death of Popcorn.

    I've even found a couple of professional musicians using them in music videos. One I almost had to take to court over the use.

    Two weeks ago I ran across a seller who sells thousands of images on Ebay. In the Popcorn Sutton listings was two of my images of which one contained my picture. (another story). I emailed the seller and told him to remove them or else and he did. I also have a policy of charging a royalty fee if I catch them using them commercially and if they know the law. this person did know the law and even put his own water mark on MY IMAGES. He said he put the water mark on them to keep people from steeling them. DuuuuH, what do you think you did. Anyway the seller refuses to pay up and I decided I'm going to bust him. In his sale he brags about the number of satisfied customers and how many images he sells. Time to pay up folks! I spent three years on this project and thousands of dollars and don't like people taking my work and selling it.

    I decided it's time to inflict some pain on this company / guy. I do have a phone number to the company but need a name. I thought the easiest way would be to get it from ebay. NO SUCH LUCK!!! After a week + truing to get it and filling out form after form and waiting for responses and even providing two copyright registration numbers they tell me I have to subpoena ebay for the information. They no longer give that information out. No problem, a subpoena is no big deal but I need a persons name and physical address of where to deliver the papers. HAAHHH!!! it's not that easy. Ebay hides behind their phone system. No one will give me a name or an address where a person would be to deliver the papers. No name, no address no subpoena. All the phone systems are automated and there's no way to get in even dialing 0. the customer support people will not provide or can not provide a number for the legal department.

    Next step, I ordered a print from the seller to get a physical address from the return label. since I have the phone number I'm going to run a reverse phone directory and get the name or the owner.

    This time I'm not only going to inflict pain I'm going to bring blood. I have an intellectual property attorney working for me. From talking to her it's my understanding if we send a demand letter and it's not fulfilled we then file a federal suit. The seller will have to travel to the court in Tennessee from Ohio. I have the registration certificates with the copyright office and print outs of his auctions. Basically an open and shut case and he has to pay all court and legal fees plus damages. I've filed to other suits and won so no big deal.

    It's time for all of us to stop these guys. Just taking it down from the internet isn't enough if they're making money from them. Don't be afraid of busting them. The catch is if you haven't registered the images with the copyright office you can not collect damages but can only stop their use. Don't get me wrong, I'm not ticked at the person using my images as avitars but I am ticked at those selling them.

    I know it can never be totally stopped but we do have the power to bring blood. Register your images!

    PS- The photo they were selling that I am in, I don't believe this one has ever been published except on my book back cover and it was cropped. The only other place this image has been in the public eye is in the touring exhibition that is going to museums. I suspect this person took a camera to one of the museums and directly shot a picture off my images.
    __________________

  2. #2

    Join Date
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    Re: Ebay and protecting people infringing copyright - my story

    Good for you. In addition to dmages, penalties and court costs it would be nice if you also could recover some money for the amount of sleuthing it took to find out who they are!

  3. #3

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    Re: Ebay and protecting people infringing copyright - my story

    Stick it to 'em!
    after you win go to http://poopsenders.com/ and get them something nice.

  4. #4

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    Re: Ebay and protecting people infringing copyright - my story

    Hi Don,

    I looked at your work. Liked the KKK shots. The X-rays are fantastic!

    Good luck with your case. Just make sure they have assets to go after.

  5. #5

    Join Date
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    Re: Ebay and protecting people infringing copyright - my story

    If you want to serve a subpoena on Ebay all you have to do is serve its registered agent for process. This is available from the California Secretary of State's office on their website. Since the agent is a company you don't need a name. The information is:








    Entity Name:

    EBAY INC.



    Entity Number:

    C2110301



    Date Filed:

    06/03/1998



    Status:

    ACTIVE



    Jurisdiction:

    DELAWARE



    Entity Address:

    2145 HAMITLON AVENUE



    Entity City, State, Zip:

    SAN JOSE CA 95125



    Agent for Service of Process:

    NATIONAL REGISTERED AGENTS, INC.



    Agent Address:

    818 W SEVENTH ST



    Agent City, State, Zip:

    LOS ANGELES CA 90017

  6. #6

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    Re: Ebay and protecting people infringing copyright - my story

    I would be flattered if someone wanted to use my images. If they're not making money on it, what do you care?

    I'm talking about all the trolling you do.

    Seriously????

  7. #7
    Jac@stafford.net's Avatar
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    Re: Ebay and protecting people infringing copyright - my story

    Good for you, Don! Please keep us informed.

    Very many years ago friends of mine found a painted copy of one of my photos at Sturgis. It had been published a couple times by Easy Rider Magazine, once as a two-page spread. I was paid. One friend told him they knew the photographer and he became very concerned. I was okay with it. But I wonder how such could be (or should be) protected under copyright.

  8. #8
    Mark Sawyer's Avatar
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    Re: Ebay and protecting people infringing copyright - my story

    I presume you've notified ebay of the theft of your property, and it's still being offered for sale? If so, I would suggest you file suit against ebay too. Ebay obviously has very deep pockets and an open willingness to profit from theft.
    "I love my Verito lens, but I always have to sharpen everything in Photoshop..."

  9. #9
    (Shrek)
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    Re: Ebay and protecting people infringing copyright - my story

    Quote Originally Posted by Mark Sawyer View Post
    I presume you've notified ebay of the theft of your property, and it's still being offered for sale? If so, I would suggest you file suit against ebay too. Ebay obviously has very deep pockets and an open willingness to profit from theft.
    +1

    Give 'em hell.

    I'm not in the same league as you, but I've experienced the feeling of walking down a main street here in Montreal and seeing someone wearing a t-shirt with one of my images. I didn't stop the person to ask where he bought it, but it could only have come from the lab that was doing my prints at the time. The person running the lab had a side business as a stock photo agency. Needless to say, I never got a dime. I terminated my relationship with him soon after, and he never returned a batch of photos from one particular assignment, where I had shot on spec with one of his friends, for a local magazine. I have no idea if they ever used the pics, in fact I can't even prove they're mine because he kept my original slides. Stupid, I know. But following that incident, I little empathy for people who knowingly steal another's work.

  10. #10

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    Re: Ebay and protecting people infringing copyright - my story

    In some states you have independent remedies where somebody has commercialized a photo of you, which has apparently happened.

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