My listing and photos are being used by another seller

[aj111003]

I listed my item on Gumtree and then went to place it here also on Ebay (on a different ID than this one).  I happen to do a search before hand and found that another seller in Qld had copied my exact listing word for word and used my photos from my gumtree ad. I ended up putting up my own listing anyway on Ebay and then contacted Ebay customer service immediately to let them know what had happened. That was Monday and I have been calling them everyday to try and get this other sellers listing pulled down, but I just can't seem to get anywhere with Ebay customer service. I keep getting told the matter has been escalated to the specialized department to take appropriate action on the listing and they can't give me a timeframe. They advised me not to contact the other seller direct, but I'm getting pretty frustrated and thinking of contacting them through ebay messages.  I haven't to date as I wanted to go through the correct procedures and was mindful my name and contact number was listed on Gumtree for the ad and other ads I have.   I would appreciate any advice? And what others have done in the past when this has happened to them. thanks.

[character_parties_aus · Accepted solution]

Its happened loads of times to me. This may be a policy breach but I have always contacted the other seller politely and pointed out that if the images  are not removed they will be hearing from our legal team ( which doesnt exist) and make out I am much bigger than I am. This has had a 100% success rate! I think you would have a job getting text removed.

[thecatspjs]

If your listing had gone live on eBay prior to the other sellers, it would have been much simpler.

You would just utilse the report link in the other sellers listing. 

However, as your original listing was not on eBay prior to the other seller infringing copyright I am not sure if eBay will act quickly though, as eBays authority is only eBay - as per their terms and conditions (even though Gumtree is under their ownership).

The other seller could potentially  argue that you stole their photos and description from another internet sales site all together etc and use as part of their proof that they had the goods listed on eBay before you did. 

[2106greencat]

Watermark your images if you want to make it more difficult for others to use them.

As to text you can not claim copyright once you have posted on a publicly accessable site.

When you post or advertise on a publicly accessiable site you are agreeing that the images and text are actually the property of that site,

and most are obtainable by others under copyleft laws.

[aj111003]

That's what I thought as well, "thecatspjs", but I told ebay customer service they could check out my ad on gumtree which would show my name and contact number matched up with my ebay account and my gumtree ad had been listed before the other seller's listing on ebay. 

[thecatspjs]

Sorry Greencat you are incorrect.

Copyright protection is automatic the moment you put pen to paper and write something original or key in something original, press save and post in the public domain, it has the same copyright protection as writing a book does ....

... unless you sign away your copyright through terms and conditions or other explicit means agreeing to forgo your copyright.

Only reasonable fair use of text is allowable

Copying another sellers description verbatim is not fair use.

http://www.copyright.org.au/news-and-policy/details/id/1985/

[aps1080]

Yes, but is someone really going to go to those lengths over a bit of text describing a product ?


Re photos, whack the copyright logo in the corner plus your name or as above, watermark them.

[aj111003]

Yes "greencat" I'll be definitely watermarking my photos from now on.  With the text I can live with it being copied, but the photos being used, has really **bleep** me off. 

[kane1417]

This has happened to me loads of times on ebay, mainly with 1950/60's canisters that I sell.Listing text was copied word for word.On one hand I was flattered that my description was that well written it was worthy of being copied ! .On the other hand, annoyed that other sellers were lazy enough to copy, or maybe they had no idea as to how to describe their goods.It can pose a problem for sellers though if they copy  verbatim ,text/photos from others without fully reading or checking what they have copied.Listing by this method can come back and bite you if the product   is not the same (in any way shape or form) as advertised.As it is wriiten on the lisiting,the seller accepts full responsiblity for it, before uploading the listing.Buyers today will try and find any excuse to get a part/full refund, and they usually start with dissecting the contents of the listing.As long as you know what you are selling, let others take the risk !

[rkwm888]

i hope you have 2 of the same item because its supposed to be against the rules to have an item listed at  2 different auction sites