question Legal or not!!

[Markheliops]

Hi all.

 

Noticed this on E-bay.

 

http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=300248325768&ssPageName=ADME:B:SS:GB:1123

 

Its a picture of TTM's truck - for sale on E-bay -

 

Seller is claiming copywrite of the picture being sold -

 

Does he not need TTM permission to be selling pictures of a his truck - or is it a free market?

 

Seems a little odd to me - not even an award winning Ward La France. Maybe I should see how much it fetches - then put mine up for double the amount. LOL.

 

Markheliops

[Marmite!!]

If the photo was taken viewed from a public area then he can do what he wants with it.. if he was on private property then the copyright can belongs to the property owner...

[Tony B]

Bloody cheek though. I'd winhinge to e bay. If TTM want's to sell pictures I've a number of his truck, and he can have a copy and welcome.

[Nick Johns]

If the photo was taken viewed from a public area then he can do what he wants with it.. if he was on private property then the copyright can belongs to the property owner...

 

Kemble airfield is private property! I'm sure TTM will have something to say...I've seen signs on vehicles pointing out private photographers are free to take pictures for their own use but NOT for commercial gain

Edited August 7, 2008 by Nick Johns

[TooTallMike]

Hmm...

 

I, like most people here, have no objection to people taking photos of my possessions for their own pleasure or reference but I'm sure none of us wants others to make personal gain from our considerable efforts. That said, what about people like Snapper, who presumably is paid for his photos of our kit that appear in CMV and the like? We sanction and encourage that, so what's different? Well, from my point of view that's his job and his income at stake. What we're looking at here is a mediocre photo taken by a non-professional supposed vehicle enthusiast who hasn't even made the effort to describe the vehicle correctly. Not only that but take a look at this one: http://cgi.ebay.co.uk/ws/eBayISAPI.dll?ViewItem&item=300248325500&ssPageName=ADME:B:SS:GB:1123 It's not even a WLF so he clearly isn't that much of an enthusiast! However, the crux of it is that he does indeed own the copyright to the photo and I do not own the copyright to the truck, in the same way as celebrities do not own the copyright to their own images, how ever much they may want to. If it was a better photo I'd request a free copy of it but I've got plenty of better photos already.

 

Incidentally he's also trying to sell photos of MilitantGraham's Milly as well as pics of several other heavy trucks that were at the show.

 

Now, a question: if I 'send seller a question' will it automatically appear on the listing or does he have to accept it before it appears? I was thinking of a question along the lines of "Hi, that's my truck & I object to people trying to make money out of my hard work. I'd be happy to forward a much better photo than this for free to anyone who contacts me via my Ebay username "tootallmike"."

 

Thoughts?

 

- Mike

[Jessie The Jeep]

The seller can choose whether a buyers question is made public.

 

Steve

[TooTallMike]

The seller can choose whether a buyers question is made public.

 

Steve

Bugger!

Any other suggestions anyone?

I just want to make the point.

Ebay won't be interested as it's a moral not a legal issue.

- Mike

[Bodge Deep]

You could make the point that it would've nice to be asked and have the number plate erased

[Tony B]

The number plate raises an intresting question. it would allow you to be identified as an individual, the registered keeper. So would that contraven the Data Protection act? E bay would have to act then.

[Great War truck]

From his feedback he seems to have sold a number of his photos. Maybe we should all do it?

 

Tim (too)

[Rick W]

Whenever I have sold a vehicle on ebay I always block out the reg number. You will be amazed what peole (or I for that point) can find out wih a registration number.

If it was me, I would take issue with that.

[TooTallMike]

Good point Rick. I sent the seller the following. Awaiting the reply with interest.

 

"Hi,

That's my truck. I object to non-professional photographers selling photos of my hard work but I appreciate you're not breaking any laws & I can't stop you. However, I do object to the registration plate being clearly visible in the advert photo.

Also, the second photo you are advertising isn't even a Ward laFrance.

Regards - Mike"

[Tony B]

Well he is contraving E Bay rules and the law by false description of goods. The Sale of Goods Act. If the second photo is not how described. How can we let him know? :cool2:

[andreadavide]

It's a well known trick to artificially increase your feedback.

Simply put for sale lots of Jpegs and screen background @ 0.99neuros or pence.

 

Then I buy your picture and you buy mine. There is no need to actually pay them, just record it as sold, eblag gets a fee getting close to nil, but both me and you will have impressive feedback that will comeuseful once we will start to sell nonexisting iphones...

 

Try to search "feedback" on ebay then sort by ascending price and see what items you'll get.

 

The fact that it's a war truck picture is just a mere coincidence.

Andrea

[snowtracdave]

Had a look last night and I see he has blanked out your reg no now . Seems to have done it to all his other photo's too - not particularly professionally tho , more of a magic marker job !

[R Cubed]

Bugger!

Any other suggestions anyone?

I just want to make the point.

Ebay won't be interested as it's a moral not a legal issue.

- Mike

 

Well why not get a slightly better pic and then put it on e-bay for 10p with similar key searches and may be let the seller of the other pic know :cool2:

[TooTallMike]

And he's re-named the Diamond T as a heavy wrecker truck or whatever. At least he did something. Never replied to my message though!

 

- Mike