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Archive 2013 · is ebay's "fuzzification" of images transformat...
  
 
rkgatteleport
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p.1 #1 · p.1 #1 · is ebay's "fuzzification" of images transformative?


Hey guys,

This is a new one to me - I recently sold an item on ebay, only to find the seller downloaded the images from fleabay and is re-using them to sell the item on his own website, The thing is that the images he snarfed are the "first" ones ebay puts in the listing which they seem to compress the life out of so it obscures a lot of fine detail . Would this be considered "transformative" so its no longer an infringement to use the image elsewhere? I wouldn't think so, but I thought I should get some additional opinions on this.

Aside from the infringement issue (there's something about using my images for commercial use w/o my permission that torques me), the seller is making er, uh, optimistic claims about the item that I don't want to be associated with.(my work on shooting that type of item is recognizable, and...).

Also, what's with ebay stripping my copryright information out of the metadata of images I upload? I was surprised that the information was no longer in the images I pulled back down from their site as I was documenting the infringement.

Thanks,

rkg
(Richard George)



Jun 26, 2013 at 04:09 PM
RustyBug
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p.1 #2 · p.1 #2 · is ebay's "fuzzification" of images transformative?


Imo ...

Well, if it is for commercial gain ... "fair use" is no longer in play.

If Ebay stripped out the metadata as part of their process, the individual now using the image really wasn't the one to do the dirty deed @ DMCA removal, so an award against him from this is unlikely. Although a "cease & desist" @ DMCA to he and copy to his IP might get him to change images. Of course, without the metadata, your going to be asking someone else to agree that it is your image stripped of metadata (I assume that is obvious ).

That would seem to put it back to a copyright usage issue. Then we are at registered vs. unregistered. If it is unregistered, then you are only able to go after your damages, sans attorney's fees.

What are your damages ... i.e. lost revenue from him using this image he lifted from Ebay to sell his product.

Without knowing more, it sounds like you simply want to be dis-associated ... for that, "cease & desist" @ DMCA to him and the IP may accomplish your goals.

Carolyn Wright (out West) and Ed Greenberg (NY) are counsel for such things, but I don't know where any $$$ would come from (Ebay vs. individual) that would constitute an award under DMCA fine vs. copyright damages (assuming unregistered image for Ebay). Not sure if metadata stripping is considered likeness removal, since it isn't actually seen in the image ... whereas logo, symbol or name/signature on the image being removed is.

Interesting ... might drop a line to Carolyn or Ed, but this one seems kind of "loophole" @ award ... other than "cease & desist".

HTH ... GL




Jun 26, 2013 at 05:01 PM
rkgatteleport
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p.1 #3 · p.1 #3 · is ebay's "fuzzification" of images transformative?


Thanks for the reply - yeah, the usage is the big problem, since in this case its a unique item and there's not enough monetary value associated with the usage to really mess with it other than asking them to stop using them...

The more interesting thing is that some more digging revealed that ebay now keeps a "catalog" of images uploaded for auctions for others to use in their own auctions, with the default being that you give up your rights to your images-er, uh, all images you upload are fair game to be added to the catalog unless you opt out.

If anybody here sells stuff on fleabay and cares about this, I'd highly recommend opting out just on general principles - The funny part was that it look me like 50 tries over a 3 day period to actually get this to happen (I kept getting a "try again later" message, when I could change the other settings on the same page successfully every time I tried - deliberate? who knows...).

Best,

rkg
(Richard george)



Jun 28, 2013 at 05:25 PM
RustyBug
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p.1 #4 · p.1 #4 · is ebay's "fuzzification" of images transformative?


Good to know @ Ebay "rights" ... just seems to be the way of the world from Getty to Yahoo to Facebook to Flickr to


Jun 28, 2013 at 05:38 PM





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