Model photography unauthorized use

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**BrassScorpion**

I just ran across a situation I haven't encountered before. Someone is using without permission the photo of my Black Reach Space Marine Captain I posted online last year, I think in an article for BoLS, and they are using it to sell the model on eBay! While a bit flattering, I'd rather they didn't do that. I've messaged them through eBay and politely stated that as the owner and painter of the model and photo I'd rather they did not use it any longer. Have you run across something like this before? How did you handle it? Thanks.

I think all my future posted photos will have some kind of logo superimposed on them to help prevent this from happening again. Here's a link to the listing if you're curious.

**The Fallen Angel**

i think it is becasue ur model is the third on google if you search for Space Marine Captain black reach

**BrassScorpion**

The Fallen Angel wrote:i think it is becasue ur model is the third on google if you search for Space Marine Captain black reach

Thanks, I had no idea! I just checked it out. You know, I actually did put an "ownership bug" in the lower right hand corner of that picture, but it didn't stop them from using it anyway and at reduced size on eBay it's too small to read.

**mikhaila**

Might try contacting Ebay.

**insaniak**

Yup, there is a link at the right of the page under the seller details, to report the listing. One of the options in the report dialogue is for someone using your pictures... It's a fairly common problem on eBay, and they're generally pretty good at removing infringing images as a result.

**Marushi**

If it does annoy you, then I'd say try and get it taken down. However, the ad doesn't say that the model is painted. Simply says its unpainted and off the sprue. If you don't mind him using it, then maybe contact him and ask him to credit you for the photo.

I've used google images on ebay stuff before without a problem, i'm sure many others do. I'm sure the use of the photo was purely for illustration purposes.
Edit: Admiteddly, I usually have some small print at the bottom stating images not taken by me are property by the owner and used for illustration only, and where possible, provide a link to the original. If I was to try and contact every owner for every photo I've ever used to make sure it was ok to use it in an auction, I'd never get anything sold

I'm not having a go, I'm just offering another subjective look at the situation. Especially if you're the third result on google, your pic is going to be in a lot more places than you realise =P

**BrassScorpion**

I had no idea my models and the photos of them were getting so well known. Thanks for the information, everyone, it's been most helpful. The dakkadakka community is terrific. Most appreciated.

**Kirasu**

If it makes you feel better.. Im one of the few with a fully painted BA thunderhawk and my photo isnt even on goggle!

A video game called Thunderhawk and a really awful 1960s car is on the first page when you type in "Blood Angel thunderhawk"

**JohnHwangDD**

Hit them (eBay) with a takedown request as the Copyright holder and owner.

**insaniak**

Marushi wrote:If I was to try and contact every owner for every photo I've ever used to make sure it was ok to use it in an auction, I'd never get anything sold

Oh, well, if it saves you time, it must be ok...

**iPwned**

Hit them (eBay) with a takedown request as the Copyright holder and owner.

^This. DCMA take down notice is the way to go.

**JohnHwangDD**

Yeah, DCMA takedown is a powerful tool.

Use it.

**Timmah**

Seriously, was this a joke thread? Your complaining about a picture that you put out into the public domain that someone used for an ebay auction.

First off, how did you even find this?

Second, the auction was ending like a day later, so by the time you came here, posted on the boards, got an answer and filed a complain, the listing was pretty much done anyways.

**Solorg**

Dood, just ask for a cut of the sale!

**Redbeard**

Timmah wrote:Seriously, was this a joke thread? Your complaining about a picture that you put out into the public domain that someone used for an ebay auction.

Putting something online does not constitute putting it in the public domain. Please, understand the issues involved before posting.

Second, the auction was ending like a day later, so by the time you came here, posted on the boards, got an answer and filed a complain, the listing was pretty much done anyways.

And this is relevant why? It's his picture, someone else used it without his permission. That's illegal. Maybe he didn't act in time to stop this auction, but he has the information in case it happens again.

**Timmah**

Redbeard wrote:
Putting something online does not constitute putting it in the public domain. Please, understand the issues involved before posting.

No, but posting something online, especially on a popular site, you should know that this kinda thing would very likely happen.

Redbeard wrote:

And this is relevant why? It's his picture, someone else used it without his permission. That's illegal. Maybe he didn't act in time to stop this auction, but he has the information in case it happens again.

Is he going to be scanning ebay watching to make sure no one uses one of his pictures? Come on, its a little bit paranoid and kinda laughable that he even found his own model used in a single ebay auction. But then to complain about it the day before it comes down?

**Redbeard**

Timmah wrote:
Redbeard wrote:
Putting something online does not constitute putting it in the public domain. Please, understand the issues involved before posting.

No, but posting something online, especially on a popular site, you should know that this kinda thing would very likely happen.

So you're saying that because you expect something, you should sit idly by while it does? It is precisely because this sort of thing happens that sites like eBay have a way for copyright holders to have this content removed.

Are you one of those people who think that a girl deserves to be raped if she wears a revealing dress? The 'she should have expected it' defense is used there a lot too.

Is he going to be scanning ebay watching to make sure no one uses one of his pictures? Come on, its a little bit paranoid and kinda laughable that he even found his own model used in a single ebay auction. But then to complain about it the day before it comes down?

If someone is looking for 40k models, and does a broad search, it's not at all laughable that he found it. What's laughable is your attitude - that he's somehow wrong for wanting to take action.

**Timmah**

Redbeard wrote:
So you're saying that because you expect something, you should sit idly by while it does? It is precisely because this sort of thing happens that sites like eBay have a way for copyright holders to have this content removed.

Are you one of those people who think that a girl deserves to be raped if she wears a revealing dress? The 'she should have expected it' defense is used there a lot too.

No, but there are ways to prevent it. For instance, if he didn't want anyone using said picture, he could not have put it up on the internet.

I am not saying he is wrong in wanting it taken down, but by putting it out for the public to view it means it very well may get used. Just like if someone wrote something in a thread and was then quoted for saying it.

Redbeard wrote:
If someone is looking for 40k models, and does a broad search, it's not at all laughable that he found it. What's laughable is your attitude - that he's somehow wrong for wanting to take action.

If you cannot find the needle in a hay stack humor in this, I don't know what to say.

**insaniak**

Timmah wrote:No, but there are ways to prevent it.

Indeed there are. Like contacting eBay and having them remove the image from the listing...

For instance, if he didn't want anyone using said picture, he could not have put it up on the internet.

Absolutely. And if my neighbour didn't want me 'borrowing' his car, he shouldn't have left it in his driveway.

**RogueMarket**

Timmah wrote:
Redbeard wrote:
I am not saying he is wrong in wanting it taken down, but by putting it out for the public to view it means it very well may get used. Just like if someone wrote something in a thread and was then quoted for saying it.

Except that quoting does leave a reference of whom it came from. Images do not, unless watermarked.

**Sinister Brain**

BrassScorpion wrote:
I think all my future posted photos will have some kind of logo superimposed on them to help prevent this from happening again.

Time for the giant watermark!

Not sure if you need this but I ran across this.

**Neconilis**

Redbeard wrote:
Timmah wrote:
Redbeard wrote:
Putting something online does not constitute putting it in the public domain. Please, understand the issues involved before posting.

No, but posting something online, especially on a popular site, you should know that this kinda thing would very likely happen.

So you're saying that because you expect something, you should sit idly by while it does? It is precisely because this sort of thing happens that sites like eBay have a way for copyright holders to have this content removed.

Are you one of those people who think that a girl deserves to be raped if she wears a revealing dress? The 'she should have expected it' defense is used there a lot too.

Is he going to be scanning ebay watching to make sure no one uses one of his pictures? Come on, its a little bit paranoid and kinda laughable that he even found his own model used in a single ebay auction. But then to complain about it the day before it comes down?

If someone is looking for 40k models, and does a broad search, it's not at all laughable that he found it. What's laughable is your attitude - that he's somehow wrong for wanting to take action.

I think it'd be laughable, if it wasn't already sickening, that the first analogy you use for all of this is equating rape to using someone else's image unsolicited.

**Kid_Kyoto**

Timmah wrote:Seriously, was this a joke thread? Your complaining about a picture that you put out into the public domain that someone used for an ebay auction.

putting something on the internet does NOT mean it is in the public domain.

**Tim the Biovore**

Although comparing the photo to raping was a bit off target it got the point across. The guy selling the model on ebay has broken the law. He stole a picture, and on ebay, you are pretty much required to use the 'What you see is' what you get' thing.

**Redbeard**

It's not comparing posting photos to rape, it's about comparing the defense of "they should have expected it" with the excuse that I've only really ever heard tried in rape cases, "she was asking for it."

It's a stupid defense. Blaming the victim for being the target of a crime? It really doesn't matter what crime you're talking about, that's what you're really saying - the victim deserved it.

**augustus5**

I would probably feel flattered that someone liked a picture of my painted figure enough to use it with their auction.

I don't see what all the hubbub is about.

**insaniak**

The 'hubbub' is about somebody taking something that isn't theirs and using it without bothering to first gain permission to do so.

**Che-Vito**

Timmah wrote:Seriously, was this a joke thread? Your complaining about a picture that you put out into the public domain that someone used for an ebay auction.

First off, how did you even find this?

Second, the auction was ending like a day later, so by the time you came here, posted on the boards, got an answer and filed a complain, the listing was pretty much done anyways.

And if it happens again? Good stuff to know.

His thought is a legitimate one, and wanting to protect your artistic creations is even more legitimate considering that others may have similar questions in the future.

**nivekdaork**

if someone is using your image without permission, ebay will yank it.

the posters laziness does not permit him to forgo copyrite.

According to the law - he must ask for permission, hes too freakin lazy to take the pictures himself, insist he gives you credit. legally you can sue for damages because he used your image and there was monetary gain for him.

that being said - if you dont want people to steal your stuff - don't put it online, people are lazy, and selfish and the internet feeds it.

**twistinthunder**

Timmah wrote:

No, but there are ways to prevent it. For instance, if he didn't want anyone using said picture, he could not have put it up on the internet.

I am not saying he is wrong in wanting it taken down, but by putting it out for the public to view it means it very well may get used. Just like if someone wrote something in a thread and was then quoted for saying it.

is your quote trademarked. no its not so its usable.

quoted from http://www.medialawyer.com/lec-copy.htm:

You cannot copyright ideas, facts, titles, short phrases, slogans, or names, among other things.

meaning you argument = auto fail

also from the above site:

V.COPYRIGHT DURATION

* A. Copyrights are not eternal. When a copyright expires, the work falls into the public domain, and anyone is free to use it without permission.
* B. Any work created on, or after January 1, 1978, is automatically protected by copyright from the moment it was created.

1. For these works, the copyright expires 50 years after the author's death.
2. Works created as work for hire, and as pseudonymous and anonymous works are protected for 75 years from date of publication, or 100 years from the date of their creation, whichever is shorter.
3. Works created before, but not published, or registered until after 1978, receive the same protection as works created on, or after that date.
4. Works created and published, and registered before 1978, and were still under copyright protection on that date, are now copyrighted for a total of 75 years from the date they were created, published, or registered.
5. Works that fall under the old copyright law prior to January 1, 1978, were entitled to an initial 28 years of protection, and an additional renewal right for an additional 28 years of protection. Some works fell into the public domain because they were not renewed for a second 28 year term.

i left some bits in to show that imi not picking sides. i am just providing facts

Automatically Appended Next Post:

nivekdaork wrote:if someone is using your image without permission, ebay will yank it.

the posters laziness does not permit him to forgo copyrite.

According to the law - he must ask for permission, hes too freakin lazy to take the pictures himself, insist he gives you credit. legally you can sue for damages because he used your image and there was monetary gain for him.

that being said - if you dont want people to steal your stuff - don't put it online, people are lazy, and selfish and the internet feeds it.

actually he cannot sue his work is NOT registered as copyrighted with the us/uk government therefore no legal action may be taken.