Stolen art on eBay! any one else?

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Posts: 18
Joined: Wed Aug 29, 2012 12:21 pm
PostPosted: Sat Jul 08, 2017 3:09 am
So just the other day I came across my art being sold on eBay, taken from here!

http://www.pxleyes.com/photoshop-pictur ... kfast.html

http://www.ebay.ca/itm/Pachyderm-Breakf ... mJamvyurhA
so question is...
-How many others have suffered this fate?
-What is this sight going to do to protect their loyal artists?
It should be set up that when one previews a high rez pic, for quality, It should be a sectional view vs a full view. We artist need to be protected!
and secondly
- How do I close my account and remove all images?
:(( :(( :-( :-x :-x :-x :-x
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Posts: 2209
Joined: Wed Jun 10, 2009 4:49 pm
PostPosted: Sat Jul 08, 2017 8:44 pm
This may be something new to you but it happens all the time. Whenever you post an image anywhere on the internet it is accessible to anyone who wants it and it isn't only Pxleyes it's any site... a DeviantArt account, an image hosting account anywhere that you post your work it can be taken.

I have numerous works that have been stolen and used for various things some more than once. I've added some below as examples but there are many more. Top image is on a youtube video, lower left is a CD cover from Hungary (they also take credit for the image) the other is used as the cover of a board game shown on Pinterest.
StolenEntries.jpg
StolenEntries.jpg (307.81 KiB) Viewed 889 times

Click on image for full view

I also did an image search using your stolen entry and found others besides EBay. Use this Google search link and see for yourself:
https://www.google.com/search?tbs=sbi:A ... VOsw&hl=en

You can add Google Image search to your browser, see this link: https://support.google.com/websearch/an ... yimagepage

If you don't want to add to your browser use this link and just drag a copy of your image into the box as instructed: https://images.google.com/?gws_rd=ssl either way you'll get the search page for whatever image you use.

You also have to understand that as the author of the image you do automatically hold the copyright, you can learn more about how copyright works for you as a Pxleyes member here. However you also must understand how Creative Commons licensed sources work. For your entry you used four sources, you have to follow the rules of the most restrictive license of the sources used in this case it would be this license. So that means that even though you are the copyright holder you must honor the terms of that license so the entry can't be sold and you have to allow it to be used under the same Share Alike terms "If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original."

You still have the intellectual Property rights and you must be credited if your entry is displayed but the entry can't be sold which it is by EBay and the others shown in the Google search.

EBay and other websites use a disclaimer to absolve them of liability but if you write to them (and the others who are selling prints of your work) they must remove it or they will be knowingly selling prints of a stolen image. Another point is that copyright only works if it involves countries who have agreed to the terms of the particular copyright laws. Most theft of images seems to be by China and former Soviet countries and they may not honor the copyright laws of the US and European countries.

As an artist you have to decide for yourself, do I want my work seen even if it may be misused by some or would I rather not show it anywhere on the internet so no one will see it. You can attempt to contact those who are selling your work and try to come to terms with them, they may be reasonable or maybe not but it might be worth trying.

I am not a lawyer and can only give you information as a layman so if you want legal advice you would have to seek out an attorney. I have won copyright cases but I had the support of major companies involved (A NY ad agency and myself vs Smirnoff Vodka... was a big $ win for me). The cost for an individual suing for copyright infringement could be high unless you included court costs in the suit and even then you'd have to win and the court would have to approve the court costs which they might not allow.
Image
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Posts: 18
Joined: Wed Aug 29, 2012 12:21 pm
PostPosted: Sun Jul 09, 2017 1:09 am
Very informative as always.
Thank you Rein

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Joined: Thu Dec 22, 2016 2:35 am
PostPosted: Wed Jul 12, 2017 3:21 pm
Thank you very much for your detailed information. Appreciated.

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Joined: Thu Oct 01, 2015 2:38 am
PostPosted: Mon Aug 21, 2017 9:38 pm
I wish someone would think my stuff is good enough to steal. :-?
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Posts: 1214
Joined: Sun Jun 14, 2009 3:01 am
Location: Central New York
PostPosted: Fri Aug 25, 2017 3:00 am
Post a "question" on the eBay page and ask why they stole your art. Probably won't stop it, but potential buyers will see it.
.

"Remember what the Dormouse said..." Jefferson Airplane

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