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bihai

Someone stole one of my photos.....

bihai
16 years ago

...and put it on his eBay auction to sell plants.

I was perusing eBay tonight, and although I have only looked at this person's auctions once before, I was looking at them tonight because he had a lot of variegated plants offered.

Imagine my surprise, when I saw one of my photographs from my personal photo collection on one of his auctions!

This photograph contains the likeness of my daughter, who was 10 years old at the time it was posted on the Aroid forum here at Gardenweb in 2005.

This person claims that because I did not specifically COPYRIGHT this image, he can use it if he wants to. Isn't he also in effect stealing it from Gardenweb?

He has been what I consider rude to me about this issue. I have asked him to remove the photograph from his auction listing. In response, he has sent me a link to the copyright law.

This person has been a user of this forum before and resides in Miami.

He claims that he took the image from a Google search he did on the net for the specific type of plant he is trying to sell, but when I do the same Google search, it doesn't pop up. The only other place this photo resides is in my Photobucket account.

What is the proper course of action for me to take? I looked at eBay policies and they do have a specific policy against sellers using the names, faces and signatures of people in their auction listings.

I don't know how to put the little copyright icon or anything like that onto my photos. Is there a way to do that with photos already in my Photobucket account so that when I post them, they are definitely not subject to being able to be used without my permission? I made my album private, I don't know what else to do.

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