Ebay Auctions With My Knight Rider Wallpaper LOL

[DavidHFanNatalie]

While browsing ebay a little bit ago, I came across someone who is actually trying to pass of images I created to be used as Desktop Wallpaper for my site as "Professional T-Shirt Iron On Transfers". LOL

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 90235&rd=1

http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... 90228&rd=1

They even went to far as to "crop off" my URL I have typed across the top of my Wallpapers. I also noticed some auctions on the german ebay not too long ago where some seller was also trying to sell David Hasselhoff and Knight Rider "Fan Trucks" with my desktop wallpaper creations on them as well. I created these for entertainment, not for profit...no fair someone else is trying to make money off what I created for my site. Is this been happening to a lot of other webmaster's as well? I once thought about putting my URL on all my images on my site, but I guess that would take forever and just end up being cropped off eventually. It seems like image stealing these days has just gotten worse...I know I'm fed up with it. I've dealt with it too much in the past and anymore when I see it happening it really gets me steamed. Man, it seems like everytime I turn around something from my site is popping up somewhere else.

Nat

[Michael Pajaro]

You should be flattered but justifiably annoyed. Unfortunately, eBay protects the selelrs a bit by not allowing people to post random comments regarding the items. I would report the items to eBay:

http://pages.ebay.com/help/contact_inline/index.html

Keep your message brief, but send them a link to your site showing that you created the work and tell them the seller does not have permission to sell the T-shirts.

Good luck!

[Lost Knight]

Unfortunately all too frequently when you're original you're envied, copied, then discarded.

[DavidHFanNatalie]

Good idea Michael, I guess I should report them to ebay...I don't like to get people in trouble but I don't think it's right what they are doing. I'll send a brief message today and see what happens. It is hard being an original at something, you're so right about that Lost Knight! I started my site back in 2000 and have now built it up with over 3,000 images now online and adding more everyday. I've had trouble with others in the past when it comes to taking my images without asking me first and when confronted they love to tell me things like "I have it too so why should I scan it again when you already have" or "I'll just give your name as credit and everything should be cool". Just cause they say it's mine still doesn't mean they can help themselves. LOL I get so amazed at how some people think when it comes to building a site. I do all the work and they get recognition for it...gets very discouraging as a webmaster at times but I try not to let it bother me. Well, while I my hands are tied as far as dealing with other sites I can hopefully still make a difference with ebay. My site is non-profit and having sellers on ebay doing this with my images might give some people the idea that I'm doing it when I'm not. I'll keep everyone posted on what happens.

Nat

[themarvelous3]

i'm reporting them as well. i hate people who steal to gain for themselves.

[Lost Knight]

DavidHFanNatalie- Report those guys. They are taking your work without permission and taking credit for it. People sue over these things, and it's taken very seriously...look at the recording industry for example. I'm sure this type of thing won't stop happening, and not doing anything about it is like giving these people a free pass to continue to do it. They don't care about stealing your work, so why should you care about getting them in trouble?

That's just my two cents on it. What about looking into getting your material copyrighted? If people continue to steal images then, you could sue them if you choose to. I'm not sure how to go about something like that or if you would even be able to, but it's just an idea. Anyway, good luck to you!

[DavidHFanNatalie]

Thanks themarvelous3, I need all the help I can get. I guess this kind of thing is just to be expected when you have a big website. I once knew a German girl who made a David site and took my entire photo section at the time and then told me she didn't think I'd mind. I asked her nicely to please take my stuff off and thankfully she was nice and we worked it out. A similar situation happened again with someone else later on and unfortunitely did not get resolved the way I had hoped. I finally just let it go; no luck getting my point across. My mom surfs the web too and notices when other sites copy from mine...when I get frustrated about it, she'll tell me "Take it as a compliment" and gives me a big smile. Gotta love Moms.

Nat

[Skav]

make sure you provide concrete proof the original work is definetely yours.

ebay defo take copyright infringement seriously and even suspend the offending ebayer's account.

good thing too, i've purchased some dodgy stuff on there, myself and have never been happy with the product.

they are selling t-shirts with your design on it, if i am right, the transfer is probably not even that great either.

i bought a kr shirt in which the design peeled off within a week.

[TashaKnight]

I remember reading something on http://www.wench.org about how one woman had designed some costumes to sell, and someone had stolen the images and were selling them as their own. All the person had done was take photoshop and changed the color of the dresses. Everything else was the same. Its a sad, sad world around here.

[DavidHFanNatalie]

True Lost Knight...they did take my property and I was feeling kinda bad about reporting them because I never like to get anyone in trouble, but sometimes in life I guess we have to do what we gotta do when we see something's not right. I'm always one to take the nice approach even thought it doesn't always work out like I had hoped. Hopefully the seller will see reason and just take the auctions down. I just hope it can be settled with a good outcome.

Nat

[FuzzieDice]

The whole situation can get sticky when you are dealing with actual copyright because her images were made from images copyright by Universal Studios to begin with. I found out that they won't give permission for "individuals" to use on their site, etc. and they charge businesses $500 PER CLIP (universalclips.com). That's where I was referred to when I asked Universal's licensing division for permission to use one or two images of KITT on my web site.

So while you created the images, they aren't exactly "yours". That's what I don't like about some of the copyright law - kinda stifles creativity.

BTW, nat, I saw your images and they are great! That's probably why people love them so much.

[pewter 02ws6]

if they have the pics listed through a URL just do what someone else did.they kept the link the same on the site and put up a new pic with the same URL saying "don't buy off this guy!! he steals other peoples work.he even had the nerve to link the pics from my site" it will destroy his/her upstanding ebay reputation very quickly

[Lost Knight]

So while you created the images, they aren't exactly "yours". That's what I don't like about some of the copyright law - kinda stifles creativity.

Hm...I'm not quite sure about that? As I understand it, as long as you are the one making your own images, drawings, etc., copyright infringement shouldn't be a problem. For instance you can make a drawing of K.I.T.T., scan it onto your computer, then use a heating press and iron the image onto t-shirts and not have a problem because it is your drawing (I've actually done that as a job for parties before).

KITT is obviously owned by Universal, but I think if you took an actual photograph of KITT and then did the same, you could potentially run into trouble. Also, if you took a picture of KITT from Universal's site or elsewhere, but changed some details of the picture, let's say for example you use photoshop and change the color of the car, I think that's still considered illegal and you would need permission or possibly pay a fee depending if the owner charges. In that case, it would be illegal because it's their image. Feel free to correct me if I'm wrong though.

[Lost Knight]

Ah...silly me, it would have helped if I actually clicked the links to see the work before I posted. Eh...sorry Natalie, I think the copyright idea isn't an option in this case because like FuzzieDice said, those are Universal's pictures.

[Michael Pajaro]

For instance you can make a drawing of K.I.T.T., scan it onto your computer, then use a heating press and iron the image onto t-shirts and not have a problem because it is your drawing (I've actually done that as a job for parties before).

That's not exactly true... Copyright and trademark can extend beyond a physical image to - for want of a better word - the "concept" of an image. Universal Studios created the concept of KITT. By selling T-shirts, you would be making money off of their concept, which could get you into trouble.

What is usually boils down to is whether or a not a studio is willing to make a big deal out of it or not. FOX went after a lot of Star Wars and Simpsons merchandisers in the past. Universal to date has had more of a hands-off policy, but that could change at any moment. A lot also depends on the scope: if you sell 10 t-shirts or paintings, chances are nobody is going to care. But if you sell 100 or 1000, that could be a problem.

I think the best way to look at it is that most of our websites, our t-shirts, our personal Knight Rider images exist in part thanks to the generosity of Universal. As long as we treat them with respect, I'm sure they'll continue to appreciate our contributions.

[Lost Knight]

Interesting, thanks for the clarification. You would think that the rules and regulations would be a bit more clear to the general public. With such tricky rules, it's beyond easy to be confused or mislead, and therefore not always able to be aware if you're doing something illegal or not.

As for Universal sometimes not being interested if the production of their images is small, yet being interested if the production is large, that seems to make perfect sense. However, they do have a right to get a cut of any profits.

I should also add that the job I used to have didn't exactly use photos of particular characters, rather it was basically taking a picture of a guest's face, pasting it onto a model's body on a novelty magazine cover (pictures of non-copyrighted novelty-based characters/scenes), such as a swimsuit model for example, then transfering the customized image onto t-shirts.

[Army_F_Body]

I see the auctions have ended with no bids.

I hope you stuck it to 'em!

[TurbomanKnight]

Cant You get a copyright on your images?

[HondaSiR]

I doubt it if the images will be given a copyright...only Universal Studios can do that. Even if an individual is successful in obtaining one, all the copycat has to do is change the image slightly (probably change the shade of color or wordings) in order to avoid litigation.

[FuzzieDice]

HondaSiR - I used to be that way, but nowdays, because of IP (Intellectual Property) rights and the DMCA (Digital Millenium Copyright Act), even slight changes or ANY resemblance can get you sued if you try to copyright it. There's really not much left of the original copyright law that hasn't been ammended or changed or even voided by some other act or law.

I read recently that congress is trying to sneak past a law to void out the Fair Use clause in the copyright law now too.