Cali Craft and Gems 14 Posted February 4, 2011 (edited) I've been wondering "who" the new gem seller Melbon is and I've finally worked it out - user Enginzrule! ALL my listings state: ** NOTE: All images and listings are copyrighted! Yet Melbon it seems could not give a hoot about copyright!!! My listing: Amethysts - ENORMOUS! Bigger than MUSEUM SIZE! 65.67 cts Natural COLOUR CHANGE AMETHYST oval facet (Brazil) was sold for R202.00 on 24 Nov at 22:46 by Cali Craft and Gems in Hunters Retreat (ID:29085396) Their listing: Amethysts - JUMPING JACK FLASH - 65.67ct OF COLOUR CHANGE AMETHYST was sold for R376.00 on 23 Jan at 21:45 by Melbon in Alrode (ID:31812350) My listing: Lapis Lazuli - RARE & Gorgeous! 22.30 cts Natural LAPIS LAZULI oval cabochon (Afghanistan) was sold for R61.00 on 17 Nov at 22:46 by Cali Craft and Gems in Hunters Retreat (ID:28798251) Their listing: Lapis Lazuli - ONE FOR THE FANS - LAPIS LAZULI - 22.30cts was sold for R61.00 on 23 Jan at 21:16 by Melbon in Alrode (ID:31813687) My listing: Quartz - Beautiful! 39.62 cts (2 pc) Natural SKY BLUE QUARTZ fancy trillion facet (Africa) was sold for R124.00 on 3 Nov at 23:16 by Cali Craft and Gems in Hunters Retreat (ID:27872533) Their listing: Quartz - DOUBLE UP FRIDAY - 2pcs FANCY CUT STUNNING SKY BLUE QUARTZ - 39.62ct for sale in Alrode (ID:32435506) I am NOT impressed! :evil: PS. I have notified the seller of this thread. Edited February 4, 2011 by Cali Craft and Gems Share this post Link to post Share on other sites
JPBon 10 Posted February 4, 2011 Photographs are automatically covered under the copyright law, I know someone who was awarded R20000 odd for each photograph that was illegally used and the user then also had to pay for the rights to use them. I would advice CW to remove the pictures and that you intend charging the user for the usage they have had illegally so far. Failing which you shall be suing them. Share this post Link to post Share on other sites
wayjen 10 Posted February 4, 2011 Now look at that! The seller that started us on BoB had a similar problem with someone using his pictures on an item and he wanted to put a watermark in the picture so that no body can use it and I wonder if he did maybe we all should try that but I am not sure how it works if you get a picture off the web. If 2 people sell gems or computers or phones and they google search the pictures surely they will both get the same pictures so there is a chance that they will upload the same one. Share this post Link to post Share on other sites
voldermort 11 Posted February 4, 2011 Quite true, if you copy the pics off the net then surely more than 1 seller will land up having the same photos? :wondering: Share this post Link to post Share on other sites
LikeNeedWant 10 Posted February 4, 2011 Did you take the photograph, or acquire exclusive rights for its use? This would be the only way that one could argue ownership, and possibly copyright, on an image. If you sourced it off the internet (by using Google images or such), or even bought it from a stock photography site, you cannot claim anything on the image. All stock photography sites over various licences, the most common being a general use licence where the image can be bought by any number of people. They also offer exclusive royalty-free rights, but these normally cost in excess of $1000.00. For the most part copyright is a very grey area on the internet. Not sure if any of it has changed, but a few years back if you wanted to safely argue that you had copyright on a websites design, or even any form of text, you had to have the original files saved on your computer with date and time information to show that yours came before any others, alternately you had to print out everything, date, sign and seal it in an envelope which was then kept by a lawyer. Share this post Link to post Share on other sites
Miss Jewels 10 Posted February 4, 2011 If it's taken off the suppliers' site, it's everyones pics. If you've taken them yourself, they're your property. I even have someone who used my own picture, put their name over mine, but forgot about the MJ watermark over the stone. Now that's a cheek! Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted February 4, 2011 The main thing is that ALL my images on my listings are of the exact item on sale - it takes me days to do all images! I know the "watermark" thing is probably the way to go, but time is of the essence plus with a pc that has serious mood swings, I don't bother doing unnecessary things on it! (pc tends to freeze in imaging programs) Share this post Link to post Share on other sites
TheJeweller 10 Posted February 4, 2011 Why don't you report to BOB? Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted February 4, 2011 I always believe in giving someone a chance first so I sent a message to the seller concerned. She has sent me an apology and has promised to remove all my images from her system. She knows that if I "catch" her using my images again, then matters will be taken further. Share this post Link to post Share on other sites
Miss Jewels 10 Posted February 4, 2011 I agree CCG. One person spends hours perfecting their auction, and someone copies it in minutes. This is so unfair. The watermark is nice, but this is also time-consuming and often I forget because you need to work between 2-3 programmes for the perfect pic. I don't mind someone asking if they may use my pic, but to blatantly "steal" it, is just no on I always believe in giving someone a chance first so I sent a message to the seller concerned. She has sent me an apology and has promised to remove all my images from her system. She knows that if I "catch" her using my images again, then matters will be taken further. Share this post Link to post Share on other sites
wayjen 10 Posted February 5, 2011 I was signing in just now and saw some gems on the home page and some pictures are very similar indeed. Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted March 1, 2011 And another one! See these listings: Mine - Amethysts - Beautiful colour! 19.50 cts Natural PRASIOLITE / GREEN AMETHYST oval facet (Uruguay) for sale in Hunters Retreat (ID:33666050) LKG - Amethysts - Pretty Pretty 17.85ct Green Amethyst for sale in Nelspruit (ID:33596774) This is seriously starting to tick me off!!!!! Share this post Link to post Share on other sites
JPBon 10 Posted March 1, 2011 Just send them an invoice. I reckon a few grand per pics might scare them. Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted March 1, 2011 I asked the seller to be honest as to where he / she got the image seeing that my listing is identical plus copyrighted. Still waiting for a reply... I play nicely first, then get nasty later! Share this post Link to post Share on other sites
JPBon 10 Posted March 1, 2011 Just inform them that you charge for your work as a photographer. Share this post Link to post Share on other sites
Wild Olive Art 11 Posted March 1, 2011 I would report the seller ! Obviously if these are photos of the gems that you are selling Cali , then the seller is not showing the genuine item that she has listed and nowhere on her listing does she declare that the photo on her listing is only an example and not the actual gem listed for sale. Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted March 1, 2011 Seller now claims that it is the image of the gem on auction and that they got exclusive rights from their supplier to use the image! In addition to this, the seller stated: "Strange how you always seem to have some problem with everyone else's auctions. " I replied that my only PROBLEM was when someone breached copyright or broke the general rules and regulations of BoB! I'd love to know how the seller would react if someone "stole" their images, etc. I've got a strange feeling that this "newish" seller has something to do with another seller who was warned for shill bidding recently, plus "their" other account was blacklisted. Mmm... seems to be quite a few "new" skelms out there who are "associated" and who don't like being pointed out! Share this post Link to post Share on other sites
jphotography 10 Posted March 1, 2011 Report them. They will have to give proof that their supplier gave them permission of usage. I suggest you use a watermark in your other images. Not nice when people abuse your work like that! Share this post Link to post Share on other sites
Lukeness 10 Posted March 1, 2011 Are these all pictures that you have taken or are they pictures provided by your suppliers? I would have assumed they were from suppliers as they all seem to have been taken on different backgrounds. If they're from suppliers it wouldn't surprise me if they were recycling their images or other suppliers had hijacked their images (or vice-versa) too. Share this post Link to post Share on other sites
JPBon 10 Posted March 1, 2011 If they are suppliers images only they can complain re: copyright. You can only copyright photos which you have personally taken or that which you have paid to be taken for you. Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted March 1, 2011 When it comes to the photos' I've taken myself, the backgrounds do vary sometimes as it depends where I am in the house / office where the natural light is best, or sometimes in the office under a light box. Some images are from suppliers, but I have paid the suppliers for the exclusive use of their images thus me getting ticked off when other's "copy" these particular images and use them as their own. How can I word it then as "copyright" on the purchased images may then not be the correct wording!? Ultimately, I have not "taken" anyone's images - it is either with permission (from when I started buying on BoB in 2007 I asked the then seller's for their permission to use the images with the item), my own images, or bought images from the suppliers of the gems. I've gone out of my way to do things honestly and correctly, yet I get accused of "interferring" with other sellers. I have heard via the grapevine that some seller / sellers have been badmouthing me again to my buyers which could explain the sudden decline in interest in our gems! But once again, how can one prove this too without solid proof!? Share this post Link to post Share on other sites
JPBon 10 Posted March 1, 2011 Cali in the case of suppliers images check with the supplier if they have asked for permission, your own you are covered for. Share this post Link to post Share on other sites
Lukeness 10 Posted March 1, 2011 There are two solutions that come to mind. The first is to set up the owners details on your camera so that this information is stored in your original images and can be referenced should there be a dispute over image ownership. The second is watermarking your images. This is a pain but there are ways to automate it so that you don't have to do it an image at a time. Share this post Link to post Share on other sites
Cali Craft and Gems 14 Posted May 6, 2011 Once again the copyright monster rears his head in the listings... Mine: Jewellery & Accessories - Natural AMETRINE set in Sterling Silver was sold for R90.00 on 15 Sep at 12:31 by Cali Craft and Gems in Hunters Retreat (ID:25920257) Other seller: Gemstones - BEAUTIFUL NATURAL AMETRINE PENDANT for sale in Pretoria / Tshwane (ID:37425158) Already reported to community watch... with no response from CW or seller! :evil: Share this post Link to post Share on other sites