We went to see REM at the Royal Albert Hall. We were at the front and it was swell, and as you do, we took a few photos. We were happy with some of them so we put them up on Flickr. If you like, you can see them here.
Move forward a month or so, and I get a comment. It’s from a fellow flickr user letting me know that somebody is selling our photos on ebay. You can read the comments on the photo here, and follow the link to the thieving auction here. My favourite part is where he says that all copyright in the photos remain the property of the seller, and that any resale is prohibited. Not only is he a thief, he’s a cheeky thief as well.
And a rich one probably. According to his account details, young willypenc has only been a member of ebay since February. In that time, he’s racked up a nice 420 (and counting) positive items of feedback. He seems to sell his photo sets for between four and five pounds. So, from those 420 items of feedback (and lets throw in the dozen negative/neutrals), he’s made somewhere between £1728 and £2160. Not bad work for trawling through a few photo sites and nicking loads of photos.
I’m more than a little annoyed about this. Funnily enough, so is Mrs M as she was the intrepid photographer. I resolve to get this sorted. I fire off a letter to flickr letting them know and asking if they could follow up with ebay, and I report the item on ebay claiming its a breach of copyright. Oh yes, I didn’t mention, all of my photos on flickr state ‘All Rights Reserved.’
I get a quick response from flickr. Sadly, its not a very useful one :
“I’m sorry, but Flickr is unable to take action when
copyright infringement occurs on a site other than
Flickr.com. If the photos are hosted on a site other than
Flickr.com, you would need to contact the site in question
or the site’s hosting company to get the photos taken down. “
Quelle surprise. I didn’t actually expect them to fix it, I just thought they might be able to, you know, let ebay know that they weren’t best pleased with the guy who’s ripped off photos from hundreds, maybe thousands, of flickr users.
And ebay? Ebay let me report it. Then they sent me an automated reply. It has answers to three standard questions, one of which is
” Firstly, thank you again for taking the time to send us your report.
Keeping eBay a safe and reputable place to shop is our top priority and
we take reports of members who break our rules very seriously. Please be
assured that we thoroughly investigate every report we receive.
If the item you reported wasn’t removed from the eBay site, it may be
that after carefully reviewing the listing, we concluded that the item
the seller describes doesn’t breach eBay policy.
Please understand that as it’s important that eBay maintains member
privacy, we can’t share details of any action we take on the other
member’s account. This eBay principle protects the privacy of all our
members.
We encourage you to report any questionable items you spot to us. Click
“Contact Us” on any eBay Help page, select “Listing Policy breaches” and
choose the appropriate topics to help us review your report quickly.”
Translated, this means that they can’t be bothered to do anything, so they’re effectively condoning thievery. In fact, as they take a cut off of each sale, does this mean they’re an accessory?
This brings me to the end of our little story. Yes, I can take measures to stop my photos being downloaded, or I could watermark my photos. In the future I probably will. I’ve got another comment today from somebody reporting that he’s selling their Eagles photos as well. I notice that the Eagles photos are now watermarked. It’s a shame.
So, if you’ve read this far, I’d like you to do me a favour. I think we should spread the word about willypenc and about ebay’s lack of action. If you have a blog and you don’t mind, I’d appreciate it if you could mention this story, maybe link to this post. I know that I don’t have the reach to spread this all across the internet but you never know, if by this time next week, another 25 people have reported this git to ebay, then maybe they might take a bit of notice.
Unlikely, but maybe.