Upload & Sell: On
| p.1 #2 · is ebay's "fuzzification" of images transformative? |
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