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My site says "Free for personal use only. These printables may not be sold." But, I'm thinking, how is it harming me that the Ebay member is selling them anyway? I have no intention of ever selling them as I'm just using the freebies as a way to lure people in the door and then try to get them as members. And this is working great for me.
I don't want others to think they can print and sell my stuff because I could see this getting out of control. And, I don't like the idea of someone making money from my work, but the money isn't coming from my pocket. In fact, the Ebay seller has sent me at least one member that I know of. My items are still up for sale on Ebay(with "borrowed" photos from my site) and by looking through the sellers feedback, I can see that many have been sold.
I'm not sure what to do about this. Any advice is appreciated.
Okay, I'll check back to tell you how much money I make from this! It does make more sense than keeping the archives free and I'll get my point across to this Ebay member.
I decided not to report the Ebay member. Instead I am just going to post my ad on Ebay with the exact same picture highlighted that was "borrowed" from my site. I am going to make it clear that the printables available are my original designs and if possible(I still need to look into whether Ebay allows this) post a link to my site in the ad.
So when people search for this particular type of item people will see 2 identical items for sale(the member is using the same picture for the listing that I will be using). Then, I'll just wait for the fireworks to start. I have plenty of proof that they are my originals.
I've let my newsletter subscribers and members know that certain printables will be discontinued on the site and sold on Ebay. But, the printables that the other Ebay member is selling, I am going to keep those free. Even the one pictured in the photo(my photo!) we will both be using will be free on my site.
Any comments or advice before I proceed?
Based on this, is the advice the same?
The Ebay member has been selling my printables since at least July 2005, steadily, every week.
Don't be surprised if the content thief cries wolf, and reports YOU to eBay. Like many identity theft victims know first hand, often it is the victims that have the most difficult time when it comes to proving they are indeed the "original" individuals.
Imho, in stead of trying to deal with him in the court of public opinion, you may be better off bringing this to eBay's attention right away.
Unless the seller has been expressly authorized by you -the original artist -to sell your art on eBay, he is freeloading off your orginal art. Get eBay's legal department to put a stop to this asap. Once that has happened (i.e. a third party validation of the underlying facts), demand full disclosure of how much that person has made off so far selling your work. Considering this has been going on for many months, the amount could be significant. If so, consult with an attorney.
Of course, thieves are greedy by nature so he will probably decline and try to find a way around you. In that case, you can get his stuff pulled and find someone else to sell your stuff for a share of profits. That way, you would be making some money off your stuff without spending your time on it.
When looking for a partner to do your selling, use his feedback as proof that your stuff sells well on ebay (after explaining the situation). That will help you convince a possible future partner that you are worth dealing with. It will help you get an experienced partner instead of a hungy newbie.
This is not a problem that I foresee. I am the original owner. It's my hand writing on the printables, I have the final artwork pictured on the Ebay auction.... all they have is a picture of it. Everyone who knows my work can see it's mine. I have a certain style so they know it's me.
What's wrong with the court of public opinion?
Thanks for the advice!
I did look up the info about the laws posted. I learned something new today, that can't be a bad thing.
Thanks again, all.
I think the 'thief' should consider himself lucky that you have been very layed back about this. If it were me, I would demand significant compensation.
A friend of mine has found several people selling his products on eBay over the past few years. He has always be very strict and told the theives that they WILL be sued unless they pay up what they've 'earned' from their sales, plus a few more pounds. It usually does the trick.