Unauthorized use of photo by shermantp

[Ross]

Just found one of my pictures being used without permission by an eBay seller.
http://cgi.ebay.com/Paph-Brown-Glen...4QQihZ015QQcategoryZ42218QQrdZ1QQcmdZViewItem I sent him a message and told him to remove it.

 

[kentuckiense]

That seller just never learns.

 

[Heather]

No kidding! Let us know what happens, Ross. That stinks!

 

[Ross]

I'll give him another hour and if it is not removed, file a formal complaint with EBay; but I doubt that will do any good.

 

[silence882]

Want me to make a call and see if I can have him beaten?

--Stephen

 

[Mahon]

...just need to find some thugs that live in Larsen, Winsconsin, call them up, and ask them to beat the poo outta him... he might rethink on using photos again... (actually, I think this isn't as far-fetched as I originally thought!)

=)

-Pat

 

[kentuckiense]

Haven't other members had problems with him? J Money?

His excuse is always the same. "Oh sorry man, I didn't realize that. Can I still use it?"

 

[Jmoney]

Haven't other members had problems with him? J Money?

His excuse is always the same. "Oh sorry man, I didn't realize that. Can I still use it?"

yep, same broken record. a long time ago I complained to ebay about other sellers using photos, and they set me up with some account that permitted me to end auctions. what a head trip that was. :drool: (too bad it doesn't work anymore, I think).

 

[Ross]

He now claims that he can't remove the picture because there is a bid on the auction. Sounds like a bunch of BS to me.

 

[Carol]

It is true that once you have a bid you cannot remove anything from the auction, although you may add information. He, however, is able to just end the auction which is probably something that he doesn't wish to do. I sell on ebay, but not orchids.

 

[lienluu]

He now claims that he can't remove the picture because there is a bid on the auction. Sounds like a bunch of BS to me.

You should tell him then to add to the auction description a proper credit of the photo, since he can not remove it. And then tell him in the future to not do this again!

 

[Bob Wellenstein]

Ebay will send you a very irritating form email unless you have filed an affidavit with them regarding intellectual property. Once you do this they will fairly quickly remove an auction when you send an email identifying the violation.

At one time we felt like the library of ebay Paph sellers photos. Then we posted a link on each photo index page to a use policy:
--------------------------------------------------------------------
Photo Use Policy
All photographs and materials on this website are copyright AnTec Laboratory. It is not necessary for them to be indicated so individually, publication automatically confers copyright protection.


Articles may be reproduced in their entirety, including photos by nonprofit orchid societies in printed form (i.e. printed newsletters) as long as they are properly attributed.


Photographs may not be used without specific written (emailed) permission. Permission will be granted only for use to sell plants purchased directly from us, or for educational purposes. When permission is granted it will be for a specific one time use and photograph. The photographs must not be altered in any way, and must be attributed to AnTec Laboratory, indicating permission has been granted for use, and photo is copyright AnTec Laboratory, and a link to http://ladyslipper.com included. Photos found on web pages, including eBay, that are being used without permission or do not meet these criteria will be assessed a fee of $75 per photo per use. Unpaid fees will be submitted for collection.
-----------------------------------------------------------------------

A first time viloator is referred to the policy and asked to rmove the photo. We now hve very few violators on ebay. If any one does see our photos being used without permission (if they are not credited is the best clue) please let the person know this reflects poorly on their business, and send them the link
http://ladyslipper.com/photuse.htm . BTW Ross, you are welcome to insert your name in the appropriate places in our policy and use it, permission granted.

 

[Ross]

Thanks for the advice. I'm beginning the process of filing a complaint. Thank you for the offer on the legal copy, Bob. I may need to take you up on that.

 

[Ross]

I just rechecked and the listing was pulled by the seller. Thanks again for all the comments.

 

[bwester]

Make him pay you royalties

 

[Bob Wellenstein]

Forgot the worst rip-off yet. Loaned Braem slides of Paph. lynniae and Paph. richardianum for the book with the Bakers. Fine- credited. Didn't get a complementary copy like I have from every other author I contributed to but that's fine. Also did not get the slides back as agreed to. Year or two passes, another request - I decline. Out comes Braem & Chirac Paphiopedilum, my photos on page 321, not only permission not granted but credited to G. Braem. Oh, and for any Pollyannas, don't insult me by suggesting it was an accident

 

[Mahon]

...wouldn't think someone like Guido Braem would do that... it could really hurt his reputation...

Have you contacted Braem about the slides and credits? If I were you, I would (unless you had doubles of those slides...)... credit is always something that should always be perfectly noted and correct... using is ok, but with permission and noting the author/creator, otherwise, it's stealing...

-P.A. Mahon

 

[SlipperFan]

I'm disappointed in Guido Braem. He can be a firey character, but I never thought he'd assign his own name to someone else's photos. I agree with Mahon.

 

[Ross]

Forgot the worst rip-off yet. Loaned Braem slides of Paph. lynniae and Paph. richardianum for the book with the Bakers. Fine- credited. Didn't get a complementary copy like I have from every other author I contributed to but that's fine. Also did not get the slides back as agreed to. Year or two passes, another request - I decline. Out comes Braem & Chirac Paphiopedilum, my photos on page 321, not only permission not granted but credited to G. Braem. Oh, and for any Pollyannas, don't insult me by suggesting it was an accident

It's distressing that even allegedly prestigious people not only resort to taking other's intellectual property, but then take credit for it.

BTW, after seeing the offending auction containing my photo pulled, I sent a "thank you" on the last "respond to message from shermantp" out of courtesy and received back the following message:

"Thank you,
eBay"

 

[Bob Wellenstein]

I wrote and erased a lot here, and I think we'll just let this drop, and let us stick with learning and enjoying the plants. Hopefully you'll all never run into some of the crap we've had to deal with. Enough! One point I'd like to make, though, as the word reputation was used. Reputation means nothing, especially in this day and age. Other people can falsely build or falsely harm a reputation out of nothing more than misplaced jealousy. Integrity is what counts, cause that is what's inside you and what you have control over.