MAC TUNING on ebay using my pictures unauthorized

[btmlinedan]

so...i've gotten a few pm's about what lip I have on my lip. it's just the regular degular oem lip for the 97-00 e39s. So I go on ebay, to help these people find one or an oem style, and sure enough what do i find...some MAC TUNING USA using my pictures to sell THEIR product. any ideas on what I should do...other than be flattered?


http://cgi.ebay.com/ebaymotors/97-00-BMW-E39-525-528-530-Front-Bumper-PU-Lip-Body-Kit_W0QQcmdZViewItemQQcategoryZ36475QQihZ017QQitem Z270291528341

[Bonswa]

you're a celebrity...

I didnt realize you had a 99. I'm gonna have to dig around for 01-03.
Like i said, it would be a cheap solution to the f'd up bottom of my bumper.

Thanks anyway though.

[jnyost]

Contact eBay. They'll cancel the auctions and give the seller a warning. If they continue to do it then they'll suspend the seller.

Jared

[Orxan4ik]

be flattered, or have them give you discount if you buy anything from them in the future =)

[btmlinedan]

thanks jared-- i sent the guy an email about payment (through money or product). thing is, is i work for another company who I solely take pictures for and they pay...so these people using my shit and not paying, is a BIG PROBLEM for me... guess i'll have to start making my flickr account private

[BKphoto]

any ideas on what I should do...other than be flattered?






send them a bill for useage...

[btmlinedan]

trying to get their phone number

[Kuane]

It is flattering but they did use your car without permission and watermarked the photo like it was their own. Call up ebay and let them know.

[the blue potato]

First, Ask nicely - as most posted photos (non copyrighted) can be taken online and used anywhere. If they do not respond, send them a C&D and see if that works.

Unfortunately unless you have these pics properly protected by copyright, I would assume they are fair use - but they are blatantly using them to generate revenue.

Send them a C&D if you can get one and watermark you pic going forward as they are very nice :buttrock

[btmlinedan]

my email was professional and positive, and all my pages are on my flickr page with the exif data in tact and date stamped :)

but what's a c&d?

[jnyost]

Cease and Desist

ALL photos are copyrighted and protected by the Copyright Protection Act. There is nothing special you have to do.

[BKphoto]

i've been a professional photog for 18 years...i can tell you its an uphill battle (very, very uphill) but a copyright violation is 10 g's for each time...good luck...

[btmlinedan]

where do you get started? here was his email back to mine...

Hello Dan,
Before we go any further...

- Which photos are you refering to? Please link us.

- How would we know you are the rightful owner of these photos you claimed and not just some lowlife scammers? Links to the BMW forums were these pictures were originally posted as well as your user handle would be helpful. We are also on almost all of the automobile forums that are related to our products as well.

- "I am working with a company on taking pictures and writing installs for their product line"
Do you have a website, homepage or portfolio in regards to your service? We may be interested in doing such for our products as well.

Thanks.


REGARDLESS OF HOW THIS TURNS OUT... I'D SAY ITS A SAFE BET TO STAY AWAY FROM THESE GUYS

[Bonswa]

10 g's each time + your car trade in = 2009 M3

It's an inside job... Conspiracy

[weasel like]

It is flattering but they did use your car without permission and watermarked the photo like it was their own. Call up ebay and let them know.

This is what I would have a problem with. First of all, they didn't ask permission. Second of all, they're claiming its THEIR property. Provide them all of the proof they want, tell them to refer to the data on the image, hold out hand for a check.

[brandon5069]

send an invoice via email...or tell them to take the photo's down.

[btmlinedan]

they responded about 'payment in form of product' but have nothing for the e39..hmm.. here was my picture response i was going to send back after he called me a low-life scammer...

http://i69.photobucket.com/albums/i42/redstargsr/IMG_3030.jpg

[the blue potato]

If you have a friend who is a lawyer, send a C&D for now. That usually does the trick. Also tell ebay. And if not, start a petition here...as soon as this guy is marked for this kind of conduct with BMW crowd, he will not be selling many of those air dams, etc.

[PutterMcGavin]

Isn't the pic of the alpine BMW from the BMWTIPS.com site?!

...isn't that protected?

[btmlinedan]

YES IT IS!! noticed the same thing! but have NO IDEA who the owner is. guy said he 'google'd it...so i asked what he googled..haha

[Bonswa]

Screw him... go straight to E-bay. Hopefully, you've been e-mailing the company through Ebay, because ebay can read all of the conversation when you go to them.

They'll make him remove it. They're basically selling products off of your car.

[jnyost]

they responded about 'payment in form of product' but have nothing for the e39..hmm.. here was my picture response i was going to send back after he called me a low-life scammer...




F-in hilarious....

[Bonswa]

This one's the best. but they dont have anything for the E39
http://i6.ebayimg.com/04/i/001/16/54/d386_1.JPG

[PutterMcGavin]

YES IT IS!! noticed the same thing! but have NO IDEA who the owner is. guy said he 'google'd it...so i asked what he googled..haha

Tell him to read google's "terms of use" sections 8 and 9. Just because he found it on google doesn't make it "free game." The content is still protected and deemed property of the originator unless otherwise specified...

[Fiziks]

Be a typical BMW owner and sue them.

[Stealthauto]

Sorry to hear of the issue! That really really sucks.

I say contact Ebay and put pressure on them.

-AS

[DethManX]

Wow, these guys are a class act for sure.

[razahyde]

http://www.youtube.com/watch?v=mKTwx-oOpco

[DaJackel]

where do you get started? here was his email back to mine...

Hello Dan,
Before we go any further...

- Which photos are you refering to? Please link us.

- How would we know you are the rightful owner of these photos you claimed and not just some lowlife scammers? Links to the BMW forums were these pictures were originally posted as well as your user handle would be helpful. We are also on almost all of the automobile forums that are related to our products as well.

- "I am working with a company on taking pictures and writing installs for their product line"
Do you have a website, homepage or portfolio in regards to your service? We may be interested in doing such for our products as well.

Thanks.


REGARDLESS OF HOW THIS TURNS OUT... I'D SAY ITS A SAFE BET TO STAY AWAY FROM THESE GUYS

Wow, hypocrites much? They accuse you of being a scammer and low-life when they STOLE the pictures and tried to write them off as their own with a watermark. EPIC FAIL. I hope you get compensated for this bullshit.

[Michael Star]

Burn their house down?

[mpoweraz]

I will bring the matches :D

[M633CSi]

ill bring the fuel and beer!

[FP5241]

This blows...

Not only did they use ur pics without permission, but they are also falsely advertising thier merchandise. Thier product isnt guarenteed to look like the opne in the picture. I say that right there puts an end to the whole "fair usage" argument.

[M633CSi]

Did you email ebay?

[Kuane]

Revival!!!

http://cgi.ebay.com/BMW-E39-5-SERIES-ANGEL-EYE-CCFL-XENON-HID-HEADLIGHT-M5_W0QQitemZ140287656314QQihZ004QQcategoryZ23009QQ ssPageNameZWD2VQQrdZ1QQcmdZViewItemQQ_trksidZp1638 Q2em122


Man they just love your car LOL

[Orxan4ik]

They also have Australian 525iT with real Hellas :D

[defaz]

I say offer them an exclusive set of pictures that YOU host and they can url. then wait..... A couple days later once they litter their ebay listings with them, switch out the filenames with some man porn pictures!

the old hamburger in the birdcage! ZAM!




















badda betty boop!

[emmanouil]

such a thing is :thumbdown
Write ebay, send the seller an eMail an say that you give the thing your lawyer...

[BlackBMWs]

btmlinedan, Nice car BTW... Good luck in getting them to stop or compensate...

[Boogieboy]

That is kind of crappy to do without permission, but it is the risk you take when posting pictures up on the internet for people to see. For example some of the threads on here like the "Slammed" thread have people posting tons of pics that do not belong to them. I know it's not malicious......but still........i'm just sayin.:redspot

[teedub21]

I think its different to post photos in appreciation rather than for profit.

[Bonswa]

I think its different to post photos in appreciation rather than for profit.

I agree, it's one thing for me to post a pic of his car and say "these are the wheels i want" or whatever....

It's completely different when you car is being USED :3some to sell an item without permission. especially when you have great pictures. those aren't polaroids.

[Skwisgaar]

Revival!!!

http://cgi.ebay.com/BMW-E39-5-SERIES-ANGEL-EYE-CCFL-XENON-HID-HEADLIGHT-M5_W0QQitemZ140287656314QQihZ004QQcategoryZ23009QQ ssPageNameZWD2VQQrdZ1QQcmdZViewItemQQ_trksidZp1638 Q2em122 (http://rover.ebay.com/rover/1/711-53200-19255-0/1?type=3&campid=5335818596&toolid=10001&mpre=http%3A%2F%2Fcgi.ebay.com%2FBMW-E39-5-SERIES-ANGEL-EYE-CCFL-XENON-HID-HEADLIGHT-M5_W0QQitemZ140287656314QQihZ004QQcategoryZ23009QQ ssPageNameZWD2VQQrdZ1QQcmdZViewItemQQ_trksidZp1638 Q2em122)


Man they just love your car LOL


And his mad skills with the camera.

[TBar]

I had this issue with a company taking some of my artwork from my africa trip.. and trying to publish it in a book...http://photos-f.ak.fbcdn.net/photos-ak-sf2p/v134/22/45/1088490692/n1088490692_30242517_509.jpg

bastards.. all of them.