Some ebay geeker stole a WH pic of mine!

[Hammerhead 817]

I was paging through ebay tonight and saw a geeker selling what looked like my 1963 WH 753 dually machine! I clicked on the auction and sure enough, he sniped a pic of my dually from some where and listed it on his auction! He is selling a dual wheel spacer set up. He has some other old junky Sears tractors shown too. It kind of bothers me but then again the machine looks sweeeeet! So I ain't too mad yet...LOL So, is this a problem legally, does any body know about that?

I remember a while back some one stole another WH pic and had it on their coffee mugs they were selling!

Thanks! Keith

[rmaynard 16,549]

Contact the seller and tell him that if he wants to use your picture, you want part of the profit. Better still, contact eBay and have them remove the picture.

[nylyon-(Admin) 8,255]

Or tell him you want a free spacer! It should be removed, he used it without permission.

[fourwheels0 191]

it happened to me before.

contact the seller and if you can't come up with an agreement then report him to e-bay.

[TT-(Moderator) 1,162]

I see it as a risk you (we) take by posting personal information, images, etc. on the internet.

If you don't want something seen, borrowed, stolen, or generally known about, I definitely wouldn't post it anywhere online, but there's still a chance that someone else has a picture of your tractor (or whatever) from a show or similar event.

Adding copyrights & watermarks will only stop the honest people.

[puddlejumper 67]

I think I read somewhere that once YOU post it on the internet its basically public property. So as long as you posted it willingly its out there for everybody. Bottom line if you wouldnt want your mother to see it or hear it keep it off of the net.

[AMC RULES 37,225]

I've had that done to me before too...once I reported it to ebay, they immediately shut his auction down.

[sscotsman 194]

I think I read somewhere that once YOU post it on the internet its basically public property. So as long as you posted it willingly its out there for everybody.

That isnt true..

any photo you post online, as long as its actually your photo, that you took yourself, is your own copyrighted material.

it does not have to have a copyright notice on it,

and no one has the right to take it and freely use it as they wish:

http://www.socialmediaexaminer.com/copyright-fair-use-and-how-it-works-for-online-images/

Of course, on the internet, it happens all the time anyway, and there really isnt anything that can be done about it.

I would just let it slide, gotta pick your battles!

unless the photo is being used to deliberately mislead or deceive..

(does the stolen photo depict a much nicer item than the actual thing being sold?)

in that case, I would ask the thief to remove the photo,

and if he doesn't, report it to ebay..

Scot

[312Hydro 474]

He's up to 48.50 with 21 hrs to go! He also says that your picture is for reference only and pulled from a Google search. Very nice picture. He's using the old "Wheel Horse sex appeal photo". "You too can have a tractor as nice as this,,just buy my wheel spacers and see the transformation!" :handgestures-thumbupright:

[Forest Road 594]

Member CREE did that to me with a 520b pic. If my son wasn't in the photo I wouldn't have been too upset. He removed it immediately.

Once they get posted just about anywhere online they're international '

[mowerman1193 42]

I have seen this a lot with the sites selling crafts. In fact I have seen ads online of my items that someone else is selling for more money, LOL...my Artfire site now has copy write messages on the photos when you hover over it with the mouse. I don't know if they was trying to sell my item for more then buy it from me and forward it to their buyer and make a profit for themselves or what.

Legally your not supposed to use any image online without permission..I am sure if someone wanted to push on a lawsuit they could..problem is everyone seems to be doing it and no one seems to do nothing about it..Which makes me wonder how this will effect the future of copy rights...Look at all the sites such as pinterest and mantresting etc..they seem like they are sort of encouraging this sort of thing..

I would at least contact him about it...and let him know you don't like him using your photos..thing is if you or no one else does anything about it then he will just keep on doing such things..

Kevin

[TT-(Moderator) 1,162]

But what if someone takes the original photo.......

and does a bit of digital "tweaking":

Whose image is it then? :scratchead:

[sscotsman 194]

But what if someone takes the original photo.......

and does a bit of digital "tweaking":

Whose image is it then?

Its still yours..

the original version is yours..and so is the modified version.

(except if maybe *part* of your photo is used in a brand-new piece of "artwork"..in that case we start to wade into the "fair-use" swamp..

but that doesn't really apply in a case like this.)

in this case, the edited version does not belong to the person who modified it, because they illegally stole it in the first place..

lets say someone did those same changes to the tractor in real life, not just the photo of it.

someone stole your tractor, then modified it by removing a muffler and removing the dual wheels..

because they made changes to it, does that mean they now legally own the tractor?

nope..its still a stolen tractor, and you still legally own it, not the thief.

same concept with the modified photo..

Scot

[TT-(Moderator) 1,162]

OK ..... so how about this one?:

I took a picture of the same exact tractor posted by it's owner on this public forum of which I am a member. It's a previously-saved picture taken with my camera, displayed on my monitor, and photographed again with my camera, saved as my file, uploaded back to this forum, and added as an attachment to my post.

[Jim_M 179]

TT,

I think that will cause a tear in the space/time continuum.

[JimD 3,347]

http://www.creativemediaweb.com/blog/bay-area-website-design/copying-images-on-the-internet-is-illegal

[mowerman1193 42]

Its probably not a copy write issue if it's photos was taken by you of tractors cars etc...BUT, it is a copy write issue if you take a photo of famous people..Such as this photo of Taylor Swift..I took the photo and modified the photo into a scroll saw woodworking pattern and cut it out on wood. If I sell this piece without written permission Taylor Swift could sue me for it.. There was a huge discussion about this very topic on one of the scroll saw forums as a few of us do picture-to-wood-portraits.. I stopped doing them of famous people when I found this out..I do still make custom ones from personal pictures such as wedding couples and family photos etc.

Kevin

[JimD 3,347]

I hope nobody copies your picture and shows it to Taylor Swift. :lol:

[mowerman1193 42]

I hope nobody copies your picture and shows it to Taylor Swift.

Not sure what she could do considering I never sold any of these and only made this one for my daughter...

Worst she could do is write a song about me :laughing-rofl:

Edited January 26, 2013 by mowerman1193

[JimD 3,347]

:ROTF: :ROTF:

[HorseFixer 2,013]

Worst she could do is write a song about me

:hilarious:

[varosd 1,185]

also all of this thread could be about duplicating the Wheel Horse logo on keyfobs, Tshirts, hats etc. folks had stated that Toro still owns the copyright others say no.

Terry, love your photoshop skills!

[mowerman1193 42]

Yes Toro does still own the copy rights of the Wheel Horse logo's etc.. as long as you have written consent your ok..

I almost got my self into some trouble a couple years ago over a Cummins Clock I made and had listed on my site for sale. ( Actually I didn't use their logo but it did resemble it and I had the word Cummins in it ) I was asked to take it off my site and I believe they investigated with the sites I sell on to see if I have sold any..fortunately for me none had sold yet. Now most everything I make and sell is patterns drawn by me using no logos etc.. or I have permission..They say it gets real ugly when a copy write fraud goes against you..Huge fines...it's not worth it as they will take you to the cleaners..

But as for photos being used to demonstrate for instance the dual wheels...I don't know if it would be worth the effort to sue the guy and usually they just ask the guy to take down the image. Most people are not going to put forth the effort to sue over it but it can happen I suppose. But when you talk about big companies like Cummins, Harley, Disney, and sports logos etc..They seek out people that sell items with their logos etc..

I don't think Toro really has hired seekers to nark on folks making hats, key fobs etc..but I would still ask permission if your going to use the logo etc.. as they might not care now but when they hire some new CEO or whatever they could change their mind...and where would you be if you don't have written proof that you had permission..

Kevin

[TT-(Moderator) 1,162]

I was informed by an attorney who works for a certain company headquartered in Bloomington, MN that as long as it was non-profit / not for resale / personal use that it was fine with them. From what I gather, they are not interested in granting permission to small-time individuals making "trinkets and do-dads". (no money in it for them)

I ask that that can of worms not be opened and discussed openly on this forum. It could potentially jeopardize the manufacturing of certain items that assist in the repair, refurbishing, restoration, and beautification of equipment.

Remember the old saying - "loose lips sink ships". :silence:

[varosd 1,185]