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Fullywound using my photograph in his listing on eBay

  1. Foo2rama Keeps his worms in a ball instead of a can. Nov 30, 2019

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    not really a lawsuit as the OP is not making money from his photographs so hard to say loss of rev or dilution of brand. A DMCA takedown to eBay is easy and will get the listing pulled.
     
  2. MJKauz Nov 30, 2019

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    Actually you don’t need to prove any loss of revenue or brand dilution for a copyright infringement. You just need to prove that they infringed on your copyright.

    Your copyright is created the moment you press the shutter and is valuable regardless of if you normally profit off it or not. Registration lends legal leverage for extra compensation but regardless, if a normal Joe takes a photo and someone else is profiting off it you can still sue them for infringement.

    I’ve helped a number of non-photographer friends pursue judgements against people profiting off their work without compensating them.
     
    wsfarrell likes this.
  3. kov Trüffelschwein. Nov 30, 2019

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    I don’t need to sue him, not worth my time. The guy behaves like a douchebag, community is aware, all good.
     
    chronoboy64, Dan S, w154 and 2 others like this.
  4. MJKauz Nov 30, 2019

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    Fair enough. Just good for folks to know they can defend their copyright and if people are behaving like jerks, all the more reason to make it harder on them.
     
    wristpirate and kov like this.
  5. Foo2rama Keeps his worms in a ball instead of a can. Nov 30, 2019

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    I know how it works. Just in this case it’s not worth the cost or time. It’s not a slam dunk to get money from it, especially if a DMCA notice has not been done and ignored. Additionally it’s hard to show profit on the infringer in this case and borders on fair use.
     
  6. peterkirk01 Dec 1, 2019

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    This guy has over 4400 100% positive feedbacks from Ebay customers. He must be doing something right.
     
  7. kov Trüffelschwein. Dec 1, 2019

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    The guy who will buy the Seamaster he advertised using my photograph will be happy and leave another positive feedback... ::puke::
     
  8. Edward53 Dec 1, 2019

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    I don't think selling fucked-about watches to buyers who don't know the difference counts as "doing something right".
     
    wristpirate, Andy K, Cozmopak and 6 others like this.
  9. STANDY schizophrenic pizza orderer and watch collector Dec 1, 2019

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    Over 4000 are watch straps. Pretty hard to fuck up a $20 NATO sale ;)
     
  10. NT931 Dec 1, 2019

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    DaveK, kov and STANDY like this.
  11. Syrte MWR Tech Support Dept Dec 1, 2019

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    Fullywound used to be a very nice seller of vintage straps and other stuff. I bought a few from him and it was fast, friendly, and he was willing to negotiate discounts. Then he joined here, turned out to be abrasive and inconsiderate, and he’s now downright selling redials without disclosure and what not. He also sometimes sells really nice and correct watches but even then makes up descriptions he thinks will help sell the watch even better. ::facepalm2::
     
    Tony C., sxl2004, kov and 3 others like this.
  12. eugeneandresson 'I used a hammer, a chisel, and my fingers' Dec 1, 2019

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    Reading those other threads (some I missed) make me honestly know the following is in order...

    Fullywound eBay sells fake goods
    Fullywound eBay sells fake goods
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    M'Bob likes this.
  13. BlackTalon This Space for Rent Dec 1, 2019

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    Come here, little search engines, come here!
     
    chronoboy64 and kov like this.
  14. mjb Dec 1, 2019

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    I had a guy do similar to me once, selling my former car using my pictures. He stopped once I complained.

    If it were me, I'd just report it to ebay as fraud.

    If you really want to hose the guy up, learn about metadata and how search engines use it.
     
  15. Foo2rama Keeps his worms in a ball instead of a can. Dec 1, 2019

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    Who cares? It’s his car...
     
  16. sxl2004 Dec 1, 2019

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    But not his pictures
     
    wsfarrell likes this.
  17. kov Trüffelschwein. Dec 1, 2019

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    Finally, the guy replied on eBay. Apologized and removed my picture from his description. Case closed.
     
    DaveK likes this.
  18. STANDY schizophrenic pizza orderer and watch collector Dec 2, 2019

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    FIFY
     
    kov likes this.
  19. speedyproftw Dec 2, 2019

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    Thanks for the heads up!
     
  20. CaptainWinsor Dec 2, 2019

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    Just report it to ebay