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One of my USS Arizona photos on Ebay????


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Trying to work this out if I'm entitled to any sort of recognition in a certain sale on Ebay right now. It appears someone took the first photo from the ARC article I did on the 2008 USS Arizona reunion/pilgrimage, made a 4x6 print of it, had it signed by my old friend Survivor Lauren Bruner, and is now selling it. 

Granted, it's posted for all to see on the ARC articles....should I throw a fit??

Here are links to the Ebay auction, and to the ARC article:

 

http://www.ebay.com/itm/USS-ARIZONA-SURVIVOR-PEARL-HARBOR-LAUREN-BRUNER-SIGNED-4X6-PHOTO-1E-/221918015817?hash=item33ab583149:g:vasAAOSw5ZBWJTjZ

 

http://www.aircraftresourcecenter.com/Gal10/9201-9300/gal9227-Arizona-Reunion/00.shtm

 

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Andrew,

 

That is kind of a sticky situation.  It is obvious that Pebbles and Bam-bam made a HD print out (copy) of your copy-righted photo.  Then had the survivor to hand sign it.  In his/her description, there is no claim of durability of the photo just that of the signature, which is claimed to be hand signed.  The first thing that I would do if it were me, would be to search the Ebay rule book for some sort of rules violation.  Your next move should be if some sort of violation of Ebay/copyright rules.  If there are rules violation, it would be up to you if you wanted to have the ad pulled or go ahead and allow the item to be sold but with a modification in the ad giving you credit for taking the photo.

 

Best Regards,

Ken Bailey

(SonyKen)

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Andrew,

 

Much like Ken, I'd agree that it's a bit of a sticky situation. The seller has, IMO, most likely committed copyright violation of your photo - he printed it out with the intent to sell it. The fact that one of the Pearl Harbor survivors signed it is immaterial. I would contact the seller and advise him that you're the copyright holder of the photograph in question, and that his auctioning off a print for profit is a violation of copyright law. Instead of immediately demanding it be removed from eBay, though, offer to let him continue the auction, just this once, under the following conditions: that he acknowledge you're the copyright holder and photographer in question and that he donate all proceeds from the auction to a Pearl Harbor memorial fund, (or some appropriate charity). If he balks, contact eBay and demand it be pulled.

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An important aspect of maintaining a copyright is protecting your rights. You must do something if you want to maintain your rights. MHaz gave you some suggestions that, IMHO, are more than reasonable.

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4 hours ago, MHaz said:

....and that he donate all proceeds from the auction to a Pearl Harbor memorial fund, (or some appropriate charity).

That will be hard to prove. He could always say ya sure I'll do that, then just keep the money, at that point it's too late.

 

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Everything that has been said above!! You must advise the seller of his transgression and if you choose to have him continue then donate the profits, get Ebay involved and get then to have Paypal forward the sale to the appropriate charity. I believe I have heard of Ebay pulling auctions where it was found that someone's intellectual property was improperly used!

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16 hours ago, Andrew D. the Jolly Rogers guy said:

Trying to work this out if I'm entitled to any sort of recognition in a certain sale on Ebay right now. It appears someone took the first photo from the ARC article I did on the 2008 USS Arizona reunion/pilgrimage, made a 4x6 print of it, had it signed by my old friend Survivor Lauren Bruner, and is now selling it. 

Granted, it's posted for all to see on the ARC articles....should I throw a fit??

Here are links to the Ebay auction, and to the ARC article:

 

http://www.ebay.com/itm/USS-ARIZONA-SURVIVOR-PEARL-HARBOR-LAUREN-BRUNER-SIGNED-4X6-PHOTO-1E-/221918015817?hash=item33ab583149:g:vasAAOSw5ZBWJTjZ

 

http://www.aircraftresourcecenter.com/Gal10/9201-9300/gal9227-Arizona-Reunion/00.shtm

 

years back my old girl friend called me late one night from California. She had bought a copy of Shutterbug magazine, and saw an add from Sony in it with a couple photos taken from one of their high end cameras. They were mine! Plus they were taken with a Fuji! I got in the car and went over to CVS, and bought the magazine to see what she was talking about, and sure as hell she was right. Still have no idea how they got their sticky fingers on the photo, but now have a clue. Wrote Sony a nasty letter, and they pulled the add. Then about a year later we were up in Cambria CA buying gas. KJ was looking at one of those revolving post card racks, when she called me over. It had at least six of my photos printed on post cards! The store manager and I clashed big time, and I told him he'd hear from my lawyer very soon. Putting two & two together, we figured that they were copied off the hard drive in my note book PC at the hotel room the year before Suspect the hotel maid did it! The manager had to destroy all the post cards, or pay out the nose for the use.

gary

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2 hours ago, Andrew D. the Jolly Rogers guy said:

Thanks folks! I wrote the seller, and although I received no response, it was taken down.

:cheers:

I had a feeling he would pull it once someone said something to him about it. I would still contact Ebay to let them know. Due to the fact that he/she tried this with your photo and may be doing the same thing to others.

 

Edited by tosouthern66
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On 4/9/2017 at 2:14 AM, dnl42 said:

An important aspect of maintaining a copyright is protecting your rights. You must do something if you want to maintain your rights. MHaz gave you some suggestions that, IMHO, are more than reasonable.

 

You are confusing copyright and trademarks - you do not cede copyright by not invoking copyright infringement.  Copyright is secured automatically upon creation and is retained by the creator without further action on the creator's part.  If the creator wants to litigate due to copyright infringement, the copyright has to be registered, but registration is not a requirement for copyright protection. See https://www.copyright.gov/circs/circ01.pdf for details.

 

John Hairell

tpn18@yahoo.com

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