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are ebay images copyrighted

usage for an art book

         

w481

11:42 am on Jan 14, 2005 (gmt 0)

10+ Year Member



i'm interested in using ebay product images: cars, furniture, objects, etc. for reproduction in a book.
its an "art" thing, you know, image appropriation and the like. this is not going to be a big profit-making venture. i have checked the ebay website, and the only problems they have are for duplicate usage of images for auctions. after an auction is finished, i would think nobody would care if someone utilized the jpeg's i have downloaded, especially for an art project.

nancyb

1:32 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You would think wrong!

Infringing a copyright is illegal whether in an art book, for profit or anywhere. If you want to use someone else's image, ask first.

Many of us spend a great deal of time tracking down copy cats who are too lazy to take their own images or too cheap to buy photos or hire a photographer. Some how these copiers seem to think they have some inalienable right to use my work for free. Wrong! Very, very wrong!

Just because you aren't going to make a big profit from the theft doesn't make it any less wrong, although it may lessen your monetary penalty when you are eventually caught. There are many reasons, other than just profit, to retain ownership of original images.

w481

2:27 pm on Jan 14, 2005 (gmt 0)

10+ Year Member



nancyb
i can understand your viewpoint for photographs which are created for a specific artistic purpose or intent. but these photos are for the sale of an ebay item, and i am sure the seller and ebay could care less what happens to them after. i want to use hundreds of images, i do not want to contact all the sellers for rights, mostly because they could not care less, so its a waste of time.
i am an art director and i understand usage rights, i deal with photographers every day, concerning these things but these images are basically garbage after the auction, so what is the problem?

benihana

2:30 pm on Jan 14, 2005 (gmt 0)

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basically garbage after the auction

irrelevent.

you still need permission.

w481

2:34 pm on Jan 14, 2005 (gmt 0)

10+ Year Member



just so its clear.
this is not about laziness. there were a few artists in the 80s who were using "appropriation" art. one for example was richard prince, who appropriated images from marlboro ads and enlarged and cropped them. he had some legal problems with philip morris. and i understand the problem with using advertising images.
my "art" is about utilizing unused images, which otherwise would be forgotten, in an "artists book", and for sure this is not going to be a profitable enterprise. i'm talking about under 1000 print run and being sold in a few bookstores like printed matter in new york city.
my selection of ebay images are not chosen for a specific pupose, they are simply chosen for their graphic interest to me.
in a way, its like a paint store throwing out some old stock of paint, and me picking it up out of the garbage and making paintings.

sem4u

2:53 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



You still need to ask.

PatrickDeese

2:57 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



If I might give a piece of advice - the obvious solution is to contact each seller individually and explain your reasons for wanting to use the image (as you have eloquently stated here) and get permission.

A lot of these ebay sellers reuse the same images for later auctions - when they have a large amount of "sony widget-trons", or whatever they aren't going to photograph each and every one.

Also, sometimes for whatever reason the sale falls through, and they reuse the image in a later auction.

If it seems like a lot of extra work, well - just think of it as one of the sacrifices you are making for your art.

w481

2:58 pm on Jan 14, 2005 (gmt 0)

10+ Year Member




well at least i inquired about it.

but i'm still gonna do it. so **** - em'
as they say, if they have a problem they can sue me.
and believe me, nobody will ever notice this thing.

i can see you people are going to be outraged.

nancyb

3:00 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



When people want to do something which is universally considered wrong or illegal, it's amazing the rationalizations they come up with to justify their intent.

Copying is plagiarism, it is illegal, no matter your intrepretation of the value of the work. Do you presume to know the intent of "hundreds" of photographers without bothering to contact them?

Just because the item has sold does not mean the photo of the article has no further value.

ken_b

3:05 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



If you don't think sellers on ebay care about image theft, try posting this question on an ebay sellers forum. [here's a hint.... wear your flame proof suit]

The photos belong to the sellers, if they use them or not after the auction is irrelevant, the photos still belong to them.

nancyb

3:05 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



well at least i inquired about it.

what are you, a second grader?

Yes, we are outraged! Many of us here have our photos stolen on a daily basis by people like you who are, in fact, lazy as well as dishonest.

When you are caught and sued for damages, I hope they are huge!

w481

3:10 pm on Jan 14, 2005 (gmt 0)

10+ Year Member



ok, nancy...
you've just sold your washing machine on ebay (or not). the buyer has picked it up. maybe a year later, you are in this arty bookstore in new york city and you happen to pick up a small book, and you notice a small postage stamped photo of a washing machine on a page with 50 other photographs. and you happen to remember that you took that image. what? you're outraged that your precious photo was appropriated? the one you took with your lousy digital camera? i have no problem with contacting people for permission, but the image count is going to be in the hundreds. its too complex, that kills the project.
nobody has convinced me what i'm doing is wrong. or that anybody will care, but everybody is entitled to their opinion.
yours truly al capone

w481

3:12 pm on Jan 14, 2005 (gmt 0)

10+ Year Member



yes nancy,
i'm up there with ken lay of enron.

buckworks

3:22 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



but i'm still gonna do it. so **** - em'

Then you are are a thief and a parasite.

And you will have no moral ground whatever to stand on the next time someone steals something from you.

benihana

3:23 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



w481,

why did you bother asking here?

moltar

3:29 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



benihana: I was just going to ask the same thing :)

What was the point of your question? Self-satisfaction? You thought we will tell it is right to use stolen images?

Copyright is copyright. Law is law. You can't go a little bit against it. After all the judgle has only 2 sentences: guilty and not guilty. There isn't such thing as a little bit guilty, or slightly guilty.

w481

3:43 pm on Jan 14, 2005 (gmt 0)

10+ Year Member



everybody...
- i would never take an image from a book by richard avedon (you've heard of him, i assume) for example and reproduce it in a book i was producing.
- as i said, i am an art director, i HIRE photographers to shoot portraits, fashion, etc. i BUY photographs from stock photo houses. i negotiate usage rights for advertising campaigns. i understand intellectual content value.
- ebay photos were used as tools for selling products.
i am not using them to sell similar products. i doubt the auctioners consider the images valuable.
- if it was easy to contact hundreds if not thousands of auctioners for permissions, i would. i have no problem with that. but its too complicated.
- i am not aware of everybodys level of cultural education but, i'll try to explain this once again, the POINT of the artistic project, is not to produce the images myself (which i can) its to take images from the public domain, which do not have any intrinsic value to the "owner" and re-purpose them into a creative project.

lets kill this thread, its just a waste of time for us all. if you have a problem with what i'm doing...
tough

nancyb

3:43 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



he must have "appropriated" the title art director, too.

unscrupulous behaviour has a way of building bad karma. this person will be found out, if not for this, someday, for something equally unscrupulous.

Karma is a good thing. oh jeeze I sound like Martha.

benihana

3:46 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



w481, youve clearly decided your course of action.

it maybe that i put a photo up just for the purpose of selling something, but ITS STILL MY DAMN PHOTO.

not that hard to understand?

ken_b

3:47 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member Top Contributors Of The Month



take images from the public domain, ..

These images are not in the public domain!

bcolflesh

3:56 pm on Jan 14, 2005 (gmt 0)

w481

4:03 pm on Jan 14, 2005 (gmt 0)

10+ Year Member



ok, this is the last message.

> i'm soooo scared now!

> all the outrage just makes me want to do it more.

> oh, and i use limewire to download music also. i'm burning in hell already.

at least this gave me a chuckle

bcolflesh

4:19 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Your lack of professionalism makes this forum chuckle.

BigDave

5:45 pm on Jan 14, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



w481,

Have you thought about what might happen if you were to appropriate an image that the ebay seller may not have had the rights to use in the first place?

Lots of them think the same as you. "I'm only going to be using it for a few days, no one will mind". This happens alot. Hell, a lot of them even hotlink to the pictures on my site.

Do you think that "I copied it from an old ebay auction" is going to be a great defence in court?

You claim to be an art director who has to deal with negotiating rights, do you think it will help your reputation to be found by a court to be a willful copyright infringer?

You aren't just being arrogant, you are being stupid.

ccDan

4:46 pm on Jan 15, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



My feeling is that if someone has the time to look through all the Ebay auctions necessary in order to find hundreds of desirable images, then one certainly has the time to contact the owners of those images for permission.

On the plus side, by this post being in a public forum, presumably indexable by the search engines, if someone does find their images misappropriated for use in an "art book" for sale in the New York area, perhaps they'll be able to find this thread, make the connection, and then the infringer will not be able to claim "innocent infringement."

Even if only dozens of Ebayers file for royalties against the infringer, who is, after all, trying to benefit financially (no matter how small) by the use of their art, well, I imagine attorney's fees could likely exceed any profits to be made from such a book. Unless, of course, the book does become a big seller, in which case, I imagine even more Ebayers will be filing suit for their piece of the action.

Oh, and the printer who prints the book, if they did not have the person placing the order sign a form indicating that he/she has obtained permission to use the images, they can be held liable for the copyright infringement as well. And, if the person did sign the form, again, that throws the "innocent infringement" argument right out the window too.

So, perhaps we should all sit back and enjoy the show?

woop01

4:51 pm on Jan 15, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



w481, would you mind letting us know when you get done with your book? I would like to copy it and distribute free copies to anybody who wants one.

Thanks a mil.

pendanticist

5:09 pm on Jan 15, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



Hey, could this be a troll thread?

Pixelman

12:01 pm on Jan 17, 2005 (gmt 0)

10+ Year Member



Someone uses product pictures I took for his ebay auctions with my permission. I granted him the right, but will come down really heavy on people who didn't bother to ask.

In one case this was someone who took the pictures from ebay and put them on his website. It cost him quite a few euros!

w481

3:45 pm on Jan 17, 2005 (gmt 0)

10+ Year Member



the life of this thread is unbelievable.

maybe i was a bit optimistic in saying that this project might make money, i'm absolutely sure this will be a money loser. my previous book, of my own (uncopyrighted) photos, was 50% given away free and 50% sold in bookstores. maybe i recouped 40% of the printing costs. but these projects are not about money, its about the creating art.

so if litigation happens, i'm ok with it, the publicity won't hurt, and worst case scenario is a cease and desist order.

so don't take the moral high ground with me, as the money grubbers are the other respondants in this thread.

i won't take anymore of your time, i'm sure you've got to get back to your google searches and make sure all your precious "things" are not being stolen.

benihana

3:59 pm on Jan 17, 2005 (gmt 0)

WebmasterWorld Senior Member 10+ Year Member



so don't take the moral high ground with me, as the money grubbers are the other respondants in this thread.

your out of line. you asked for advice, and got it. just because its not what you wanted to hear, you threw all your toys out the pram. pathetic.

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