So I was running searches on eBay to kill time at work, and looked to see what might come up for "Monica Sweetheart." Mostly just photographs. Apparently there's a market out there for 4x6 prints of pornstars, mainly from Adult Expos, it seems.
Well, lo and behold, one guy is selling an alleged "real photo" of Monica that I took this January in Las Vegas. He obviously poached the scan from a little AEE page I did, or from here in a thread about the Expo: My Monica pic here at ADT
This is the eBay item listing. The photo is lower middle: The offending item
So, two questions:
1) Should I feel violated in any way? This guy's trying to make money by printing out a scan of my photo (and misleading people about the nature of what they're getting). I don't know what the copyright issues may be, but it seems pretty sleazy.
2) How many of the other photos are stolen? Some of them look familiar to me from here or other Adult Expo reports on the web. aybesea , one of those Monica pictures looks like yours from the same thread, and I recognized an Aurora Snow "photo" he's selling is yours as well. (Other auctions by this guy)
Is this just a live-and-let-live situation, or worth taking note of somehow?
OK Legally as the photographer you have all rights to the image no matter what. It automatic even if you give up the negs or chromes, that is the law! So if you did not give permission to use your shot in this manner then you can collect damages. The big Q's is how much time do you want to wast on this fool! Yani Z
Yeah, as pathologically lazy as I am, I just kind of hope aybesea or someone else who's been ripped off is alerted to this and takes it seriously.
But muchas gracias for the advice from both of you. Since I can email both the guy and eBay while sitting here on my ass, I've just done so. And thanks AM FAQ for validating my first reaction... I was afraid I might be overreacting.
But I would never put a watermark on my work. I couldn't do that to my fans. Heh.
I'll do it myself, but please, please let this link not be guarded by the screen demanding your credit card even to frickin look. The tactic so obviously doesn't work as an "adult check" that it smells like a scam in itself. Plenty of so-called innocent chiiiilllddren know full well how to sail past it, just as they know that they can't be held accountable even for charging a shitstorm of stuff. OTOH, the scam never stops to stick real adults with big bills for buying nothing.
Update: He's removed my picture from the Monica Sweetheart auction and relisted it. But aybesea's photo is still shown in that one, as well as in auctions for pictures of Aurora Snow and Kaylynn (at least).
You can only leave feedback if you have purchased something from the seller in this auction.
The only thing you can do in this case is contact Ebay to get the items delisted. They tend to be quick with the trigger finger on porn related auctions. They pulled the plug on a seller that was stealing our bandwidth by displaying covers from our server in his auctions. Took less than 8 hours for the auctions to be removed. In my case it was pretty obvious that the guy was stealing bandwidth. It will be harder to convince them that you are really the original photographer.
Ebay does have discussion forums . You might be able to make some progress or get additional feedback there.
I'm trying to help out. I sent this guy a message through ebay, telling him to remove the pictures from his auctions. I think if enough people do the same, he'll get the clue and maybe avoid doing this in the future. It's worth a shot.
Obi, thanks for the heads up! I have reported these auctions as a violation of ebay's listing rules. I have requested that they delist them and remove him as a user.
Do you have a link to the eBay reporting page or an e-mail addy? Their byzantine menu system makes me want to do unmentionable things to small animals and I don't have the patience today to sort thru it all. :)
"Yeah am I'm sure you and the other 15 sellers who have the same exact picture do have the rights to them. Why don't you get a life find something else to do then to browse auctions and e-mail people about them. Please enough with the threats I am real scared that I won't get away with it much longer, oh no what will I do. So why don't you go f**k yourself like a good little boy. Don't e-mail me again or I will report you to ebay for harassment. You got it sharkeez...."
I went ahead and told him that maybe people do have the same pictures, but that he's selling them for profit...that's the difference. I told him to get off his lazy ass and go take his own pictures.
What I don't understand is how he could turn some of those photos into 4X6's without its looking really bad/obvious. I intentionally shrunk my AEE photos to something where you couldn't even print out a good 3X5.
If you guys need to know more about your IP rights, gimme a holla.
Do some documentation. Get some screenshots of his auctions which you think consists of copyrighted materials. If the items are removed from eBay and placed back up again, you will have some evidence that this guy is a flagrant copyright infringer and take some serious actions. Good luck.
My email communications with the guy were, shall we say, unproductive. First he accused me of lying about having taken the picture. Then he claimed that lots of people were selling those pictures, and that he had bought the pictures on eBay and was just reproducing them.
(One bit of information I did get is that he is using a sub-dye printer to create the prints. I don't know how good those things are, but they are expensive.)
When I asked him to link me to the completed auction where he bought it, or give me the name of another seller that had listed that picture, that's when I got the "why don't you find something else to do" and "I'll report you for harassment" email.
Whatever. I'd just remind people here to search his completed auctions as well as the ones currently active.
I didn't get the Sharkeez treatment (yet) I got this nugget, similar to ObiBong...I proceeded to explain to him it made no difference where he got the pix, they're still unlicensed and if he wanted to tell me the "other guys" with the auctions, I'd be happy to report them too. :-)
It looks like he ended himself. If it was eBay, the entire listing would have been deleted with a note that the item is invalid or no longer in the database.
I feel really bad for this guy. I sure am glad he ran to the protection of the law to shelter himself from we hooligans at ADT. After all, he was just minding his own business!
Actually, that's a rough draft version of the report I put up so my out-of-town friends could see some pictures. I was just practicing my shitty html there. But yeah, that's all my material. So it's legal.
I forgot that was up there. I may actually kill that free site now, so there'll be a dead link above ... friggin' popup hell for anyone who went there anyway.
Well, I totally missed this thread, as everything here is news to me.
I wonder if any schmucks out there are using my images? Next year I will see about adding watermarks to my pictures, something like "BIGmike from AdultDVDtalk" though I can't see how anyone would want mine... the images were shrunken down so much that if you blew 'em up they would look even shittier.
Good thing I still have all the originals and some I didn't post
”Time and money, two things I have so little of. But if I had both, I’d be bored and rich.” –BIGmike.
When all this came up a couple months ago, I briefly thought about the "if you can't beat 'em, join 'em" school and maybe seeing how much money there is in selling these pictures. It seems like there's a couple (legit) guys who sell an awful lot. But being the lazy bastard that I am, I would never get around to it.
It's funny, I remember that when I was getting a picture of Jill Kelly signing a ball for me, someone (I think it was Ashton Moore) saying, "Oh, that's going right up on eBay!" I assured them it never would, though.