You could email them a 'cease and desist'. Rumor has it that if you do that, and they refuse, you can have Ebay take the photo/auction down. There's an orchid email list that I subscribe to, where this comes up fairly often.

Good luck! It really suks that they didn't even have the honesty to ask you.

contact ebay by phone. Hopefully you © your stuff. Even sending to yourself in the mail and not opening it is usually proof of ownership. I wouldn't contact the seller

Clara
That's really low BTW

Go straight to eBay and let them know that the seller is using an unauthorized photo for their advertisement.

This happens quite a lot and the sellers are fully aware that they are not supposed to do that - but they do it anyway in the hopes that no one catches them.

Yes it has happened to me, and OrchidSpecies.com has a notice/comment regarding that also. He is upset about this, I am less so, and don't care at all about non-commercial use of my pictures if I am credited.

For my pictures I asked the eBay seller to remove the picture and he did. There may be others on eBay since I can't check them all.

eBay has a specific policy regarding infringement of copyright issues. My business has had to pursue issues with eBay sellers offering counterfeit copies of the jewelry components we manufacturer.

At first we tried contacting the seller directly with a pleasant informative letter...it proved less than useful for us as many sellers wanted to argue, some ignored us, others agreed and then later reposted the product.

We now only use eBay's policy...essentially we turn them into eBay right away and let them sort it out themselves. The sellers sometimes DO contact us directly after their item has been pulled by eBay, but then we are discussing the issue from a position of strength, rather than pleading for them to understand the less than ethical (not to say illegal) approach they've taken.

The initial eBay policy is a bit convoluted, but once established with eBay's forms and procedures, it works smoothly and quickly.

Write me directly if I can answer other questions.

Steve

I work in academic medicine (drug research) and we always download pictures from journals and the web to get a point across for lectures and seminars. While several faculty have remarked this is illegal and unethical, I know they have done it in the past. It is a catch-22 - sometime a picture is worth a thousand words but you come accross one on the web that is so well-done, it is much easier to right-click and copy than make your own. On the other hand, everyone should know the consequences of putting informaiton out there - regardless of pictures, tables, graphs, and text.

I gave a seminar once on the plant origins of common drugs and just used pics that I copied from the web - everyone does it. The only thing I did that others don't is actually put the photographer's name at the bottom of the picture. However, sometimes the photographer's name was absent..in that case - fair game. It really is putting web users between a rock and a hard-place.

I have no solution....anyone?

Happened to me too. Got curious after the post. What a fraud. "This is the actual plant. This is what the blooms will look like"...

That sickly plant could never produce my bloom.

Ebay's phone numbers:
888-749-3229
800-322-9266
6:30a-5:30p
M-F (Pacific)

Just because everyone does it does not make it right. Buy a stock photo if you don't know who the owner is. If you can see it online, there is always someone to contact

Clara

Ask for permission first and give credit otherwise it is copyright theft pure and simple and actions can be taken. No excuse. Can't believe that anyone would condone that just because it's done makes it right.

Update:
I contacted eBay through their VERO program and they removed the said auction right away. On the very same day it was removed, this vendor relisted the same item without the pictures but this time she updated the listing to mention that the flower picture can be provided by e-mail if requested. A very determined one, she found a way to circumvent eBay policies by using the same picture through e-mail.

One thing I observed about this vendor is that the flower pictures are so well-picked as if it were coming from the same plant she is selling (most stuff she sells are not plants with blooms). I recalled one auction where she used the same C. Warscewiczii picture that OrchidWeb Ltd. was using. IMHO, it made me suspect that some of the plant she's selling may not be authentic at all. I saw a trend lately where the plants she's selling in eBay are potted in clay pots with sphagnum as if it looks similar to the plants sold by another AUTHENTIC vendor (where Scott361 bought some of his species catts) whose been getting great bids. I can't imagine how low can she go just to get a quick buck. Sad to note that I think a couple of members here bought some plants from her...

Well, I guess it's time to move on. I believe karma works in mysterious ways...

To me this is intolerable, because not only is she disrespecting the photographer by not sourcing where the pictures are from (or even bothering to ask the photographer for permission), she is deceiving her customers who may be tricked into assuming that she is a competent grower of orchids based upon the pictures, when in reality she could be marketing crappy unhealthy noids. I missed the name of the user and the listing has been removed - can you repost her user name so we can steer clear?

Re: bradarmi, I work in academic medicine as well, and imo I see a difference between what this ebay user is doing and using images from other publications in presentations etc...Firstly, all figs are clearly sourced and referenced, giving full credit to the creators. Secondly, I personally believe that images from review articles are meant to be sources of reference. In science at least, I'm quite sure most researchers would be glad for their (properly cited) figures to be used to illustrate and educate.

Hi Calvin,

Here's the new listing. The eBay seller name is tropicalia_orchids a.k.a Joan Wolfe. I believe it is the same entity as the one who owns tropicalia.com.

For giggles, try to request a picture from her through e-mail since she placed her e-mail address in the listing itself. I believe that you might be able to get a copy of my picture as shown below:

{{gwi:192831}}

-Harvey

I agree with Calvin regarding sourced pictures and drawings in a lecture or limited (internal) Power Point. If they are credited at the same level as for text quotes, I would have not problem.

If, however, they are published, then the law should be followed.

Showing a picture that indicates that it is of a flower produced by a plant (or a division) and it isn't is wrong on many levels. I always use my own pictures, and they are of flowers that can be expected to be produced.

Good grief, why are people bidding so high on those orchids???

>>I work in academic medicine (drug research) and we always download pictures from journals and the web to get a point across for lectures and seminars.

Hi bradarmi,
Your situation is different. You use the pictures for educational purposes and are usually in the context of "This is what it usually looks like".

In the usual cases on eBay, it is in the context of "This is a picture of the flower produced by the actual plant I am selling..."

>>she found a way to circumvent eBay policies by using the same picture through e-mail.

Unless the seller protects herself by putting a disclaimer like "this picture is only a representation, not from the actual plant for sale". Then the seller could be sued for misrepresentation or false advertisement.
Its just the same as posting an ad for your used car and using someone else's car in the picture because it looks nicer.

Once the buyer finds out that what they got was different from what was advertised, then it becomes a legal issue.

Calvin / wetfeet
I totally agree about the differences in picture use between an eBay vendor and an academic lecture. I was merely pointing to the similarities in that some people do not put credit where it is due. It has been the subject among various coffee-pot conversations around here for a few weeks on and off. I just think it is a good idea to talk about it since right-clicking and saving is soooo easy - and everyone does it.

In regads to orchids, particulrly mericlones, we expect the flower to be exactly like the one in the photo...If you haven't flowered your stock and are using somone else's pictures, then you may be misleading, intentionally or not.

Calvin: don't you find science and bench research analogous to orchid culture? As far as "change one variable at a time to see if blooming can be initiated"? My boss wants to put me in charge of cell culture since my "green thumb" might be useful in getting some stuborn cells to thrive. I think it is so funny that people with a mind for science also grow houseplants and, in my case, have a reef aquarium. Several physicians and scientists here want me to start a orchid-club at the medical center..the only problem is while we are playing with our plants - who will take care of patients and perform research?

LOL @ brad - Yes I agree it is extremely similar! I won't lie - I've had dreams where I find myself trying to explain to a panel of researchers why my orchids grow better when I use DMEM media rather than R10.....and then I wake up and I'm like WTF was that!? I've always wanted to start a reef aquarium too!!! But the lack of money/space/permanent residence have proven to be obstacles. Too bad I don't have the same amount of funding for my orchids as I do for my research!

I e-mailed the seller and guess what image I was sent? Surprise surprise: I got

{{gwi:192831}}
as an attachment. I am going to further inquire as to whether this flower comes from the plant that she is trying to sell. Lets see what she says.

I have quite a few pictures on my web site (www.sdahldtp.com) and have found them spread all over the world! I only get irritated when they mislabel what the plant really is.

I do state on my site that they must request permission to use a picture, and most people are very good about asking first. I haven't refused one yet! Nice if they give you credit for the picture, but I don't make that an absolute requirement.

Using without asking for any purpose other than personal use is outright theft, far as I'm concerned, but not everyone has good ethics these days, sadly.

Sharon