Ebay seller stole my pic - What would you do?

THC

Senior Member
A few months back I was cruising Ebay pricing a floor tom add on for my kit when I came across this Mapex ad for Drummer Superstore.

http://www.ebay.com/itm/Mapex-Merid...000?pt=LH_DefaultDomain_0&hash=item2568f50108



That's my kit. That's my pic that I posted here on DrummerWorld the day I brought them home. I didn't even have cymbals yet.


Here it is.

3-30002.jpg





I don't really know how I feel about this. It's not really hurting anything. They're not trying to fraudulently sell my kit, but it is my pic they are using to sell their kits. And not a very good pic either.

I'm curious how would you deal with situation if it were your kit pics in someone elses ebay ad?
 
I agree, that's pretty weirdo if you ask me. OTOH, I like that pic!
 
I know, right? Weird thing is that the other stock photos further down the ad are better pictures for a new kit ad, in my opinion.

Why would you be selling a new in the box kit using a stolen pic taken in someones basement.

Should I send them some better ones?
 
You should tell Ebay really. If you look on your Ebay page there are links to a report form.

The reason why using your picture is wrong is because it is not of the item that is for sale. Ebay do not mind if people use stock advertising pictures to illustrate a product but if the picture purports to show the item for sale when in fact it is a different item, that is fraud.
It gives you an idea of the morals of the person concerned that they have also stolen your picture!
Report it.
 
I agree, they may not have a pic because the drums haven't been un boxed. We all know that real world pics are better than website pics, but they should have at least asked you (maybe)... Who "owns" pics uploaded to drummerworld? Do they become public domain?

At any rate, drummer superstore is a great place to deal with and both Brad and Jeremy are very helpful in the drum department.
 
You should tell Ebay really. If you look on your Ebay page there are links to a report form.

The reason why using your picture is wrong is because it is not of the item that is for sale. Ebay do not mind if people use stock advertising pictures to illustrate a product but if the picture purports to show the item for sale when in fact it is a different item, that is fraud.
It gives you an idea of the morals of the person concerned that they have also stolen your picture!
Report it.

I say contact drummer superstore before running to tell mommy. I would rather see the drum finish in a real picture if I were buying the kit... I don't care if the actuall kit is not the item for sale.
 
Contact Ebay. It would not be the first time stolen pics of drums were used in a fraudulant auction. Most of the time, with stolen pics, ........ the "item" drums do not exist. It is part of the policing process for ebay, they depend on users to report fraud. Stolen pics is fraud.
 
That has happened to me also on some vintage Polk SDA speakers. I offered to sell him a camera so he could take pictures of the speakers he was trying to sell. He removed the photos from e-bay in minutes. I thought it was all pretty funny.
 
I can assure you that drummer superstore is a legit business. You won't get ripped off buying non-exsistent or make believe drum sets from them. I'm too tired to go back and read the user agreement for drummer world or the eBay add and whether or not they disclose that the drums pictured aren't for sale.......

......but I have a feeling you might have given that photo away to whom ever wanted it the minute you posted it online.
 
So ... What are they trying to sell? A new set in an "unopened" box? So they took you're photo, which shows what the set looks like ... (color, number of pieces, etc.) Which is far more interesting than a photo of an unopened box, eh? The seller is not claiming the photo to be "the set for sale" ... so, no harm, no foul. You don't own the rights to the photo ... so no big deal. With 3670 sales under their belts, Drummersuperstore looks legit, though I wouldn't buy that kit for $850 ... so good luck to them, on that.​
 
You don't own the rights to the photo
Uh, he took the photo, so yes, he absolutely does own the rights to a photo he took, and strictly speaking, this is commercial infringement of his copyright. Minimally, they should request to use the photo, provide proper attribution for the photo if he so demands, and pay appropriate licensing fees for usage. You could even submit a DMCA takedown request to eBay and have the photo taken down.

Mind you, there probably isn't really any money to be made off of licensing a single photo in limited usage like this, but maybe it's a good angle for negotiating price on an add-on floor tom. They can use the photo, you can save a few bucks, everyone wins.
 
Uh, he took the photo, so yes, he absolutely does own the rights to a photo he took, and strictly speaking, this is commercial infringement of his copyright.

Unless he had the image copywritten beforehand then thay have infringed nothing. They have used an image that was posted on a public medium. It's fair game. It's done everyday of the week. He's trying to sell his drums, not your photo. All it tells us is that he's too lazy to take his own pics.
My avatar came from Google images. I didn't draw it, I have no idea who did. They provided it publicly and I borrowed it accordingly. If the artist ever complained, I'd stop using it......but I certainly don't owe him a red cent for displaying it.

I'm curious how would you deal with situation if it were your kit pics in someone elses ebay ad?

Me? Mate, I have things that are actually worth my time worrying about. I wouldn't deal with this situation at all. I honestly can't see who is disadvantaged by this. Calling ebay....running to the authorities.....it's creating a storm in a tea cup, for mine. I'm not meaning to sound harsh.....merely to provide some perspective. :)
 
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I would ask for an attribution for the picture. I can see why this has upset you but it's not doing any real harm to you personally. I would make it clear that you took this picture and request the seller to attribute accordingly.
 
He's trying to sell his drums, not your photo. All it tells us is that he's too lazy to take his own pics.

Actually all it tells us is that the actuall set for sale is factory sealed in it's original box. Not to mention, many of the drums they sell ship straight from the manufacturer to your doorstep. I bought my Ludwigs from Drummersuperstore and they came in an unopened box from the Ludwig factory in NC. Alot of their Mapex kits also come from the factory and not in-store stock.

Honestly I thought that running and crying to eBay was a little much... But all you guys suggesting that he try to get money out of it are being ridiculous. It says a lot about the selfish, whiny, self-entitled, poontang-a-fied culture of today.
 
I would call them and at least let them know about it. They actually are using your photo to make money. I am a hobby photog. and protect all of my work no matter how insignificant
 
I wouldn't complain too much as the bass drum is round the wrong way which is excusable and understandable in your enjoyment, excitement and enthusiasm of setting up a new kit but unforgivable for a shop selling drums.

Kevin
 
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