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Old 11-07-2009, 10:58 PM   #1  
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Default Ebay Seller Copying & Selling Our Cards...

I just came across an ebay seller who copied one of my cards and has it listed for sale. Please don't misunderstand, I love sharing my work with everyone here and I have cased others myself, but I would never copy someone else's work and then sell it.

As I started looking through the seller's other items I found even more cards that have been copied and are listed for sale. This seller is even using our photos! I can see the water marks and I know whose cards they are.

I guess nothing can be done and I just had to vent. I don't think I am allowed to post the ebay auctions here. Am I allowed to say who the seller is? Can this seller be reported to ebay?

Thanks for listening to me complain!
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Old 11-08-2009, 12:17 AM   #2  
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how infuriating..... have a word with ebay and see if anything can be done
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Old 11-08-2009, 01:11 AM   #3  
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I know this has come up before, and is, sadly, why some people don't upload stuff to their gallery. Which makes us all losers. And of course you feel like venting - who wouldn't in that situation. It's flattering that they would do it, but still wrong.
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Old 11-08-2009, 01:13 AM   #4  
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Of course you should report it to ebay. And contact the seller and demand removal. I'd love to know what happens!
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Old 11-08-2009, 01:22 AM   #5  
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Isn't there an area on ebay where you can give a positive message or a negative one about the seller?
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Old 11-08-2009, 01:31 AM   #6  
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If the seller hasn't even made a copy and then done a new photograph it makes you wonder whether s/he actually has an item to sell! I would certainly send a message to eBay reporting misuse of pictures belonging to other people and misrepresentation of items for sale (since the seller clearly can't be selling the actual item in the photo). There's no guarantee they will do anything about it but at least you'll have given it a shot. You could also message the seller and point out that your work and that of others is copyright and ask that s/he withdraws any items that are not original creations unless express permission has been given by the copyright holder. Again, there's no guarantee you'll get any action but a lot of people would just be so embarrassed to be rumbled doing it that they'd pull the auctions.


Zekenne - the positive/negative feedback is only for sellers you've been in transaction with so unless Patty is prepared to part with cash (and why would she?!) in order to leave feedback, that's not going to be a help.

Good luck!
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Old 11-08-2009, 04:00 AM   #7  
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Hi ladies! I guess I should have been more clear about my card. The seller has actually recreated my card and then uploaded her own picture. I'm assuming it's because she didn't have the exact dp that I used (I think it's retired). I'm not a demo, so I don't always use current items.

But the other cards that's she currently has listed uses the exact pictures that are posted here on splitcoast. Maybe she's posting our pictures and then if the item sells she can make the cards and send them?
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Old 11-08-2009, 04:33 AM   #8  
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The seller needs to be reported to eBay... She can't be using photos taken by others...

And I looked at your gallery and I understand why she chose you to copy from... WOW!!! Your cards are AMAZING!!! I've only looked thru the first page and already added half a dozen of your cards to my favorites!!! Your cards are amazing and elegant but yet simple... I love your work!!!

Nancy...
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Old 11-08-2009, 05:04 AM   #9  
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I'm confused -- I have been guilty of totally CASEing cards because I happen to have all the same materials she used and loved what she created. I've then offered them for sale at a craft fair. Is this wrong? I am so uncreative in my own right, I would be making no cards at all if I couldn't CASE. Guess I need to have some education. Thanks.

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Old 11-08-2009, 05:16 AM   #10  
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Report the seller to eBay. She's violating many of their policies with using pictures that aren't her own and also copyright. I would also contact the seller as well. I personally would like to know who the seller is and I think if you PM people the name who request it, it won't violate the TOS here.

I see my cards 100% CASEd in the gallery here and I don't mind sharing ideas because that's what it's all about but what really cooks my goose is when the person who CASEd my cards doesn't give me credit. Even if I get an idea from somebody, I always give them credit and refer/link back to their creation.

For Wanda/buttons2, I think that selling somebody else's creations that you make for a craft fair is wrong when they're 100% CASEd. IMHO, that's unethical because the originator should receive royalties from your sales of their work that you're 100% profiting from. Equate it to TV reruns where the actors still receive pay from their series being syndicated and shown and the network is receiving advertising dollars purchased to be aired during the TV show. The Brady Bunch kids are still making money from reruns. At least follow the "rules" and change two things on the card.
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Old 11-08-2009, 05:37 AM   #11  
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I don't think selling a cased card is wrong, in my opinion. I'm a firm believer, especially in card making, that at this point we don't have "original" designs. Unless of course you're the first person to present a gate fold or tri fold card - then our designs are all cased from somewhere - whether you realise it or not. However, copying exactly another persons INTERPRETATION of a particular design is not right. I think if you change it a little and add your own spin with different papers and/or embellies then the design interpretation is your own and well within your rights to sell the card - even on ebay. How many people sell hand knit items or hand sewn clothing. I don't think the vast majority of those people came up with original designs - they were using a pattern. Its the quality of the work and the materials that makes it unique to that person. Now, using someone else's photo to represent your own work is not right either. They should be reported for that offense.
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Old 11-08-2009, 05:40 AM   #12  
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I would definitely contact the seller to explain the situation and say that you are contacting ebay to have the listings removed.

Wanda, if you want to sell cards that you have 100% cased you could contact the seller and ask if they mind. If someone wanted to sell a card of mine she has cased I would not mind at all as long as she asked beforehand. But otherwise, change a few things.
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Old 11-08-2009, 05:46 AM   #13  
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Quote:

Originally Posted by buttons2View Post
I'm confused -- I have been guilty of totally CASEing cards because I happen to have all the same materials she used and loved what she created. I've then offered them for sale at a craft fair. Is this wrong? I am so uncreative in my own right, I would be making no cards at all if I couldn't CASE. Guess I need to have some education. Thanks.

Wanda
I do this too. I was also wondering about cards we make at Stamp Camps. That's case'ing someone else's cards too but we can remake them at home.
I would give credit to the originator if I ever posted a case'd in the gallery.
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Old 11-08-2009, 06:24 AM   #14  
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Unfortunately, unless you pay for a copyright, you are not really protected in that respect. If you posted those photos on photobucket or even on SCS, etc., anybody can copy them. Without a proper copyright, you can't really prove the photos aren't hers to begin with. (A "poor man's copyright" really has no protection; further, each item needs to be copyrighted, since there is no such thing as a blanket copyright.)

It upsets me that she's using other designers' work, but that's the chance you take posting anything on the internet.

I'm sorry this has happened to you, it happened to me in the past with an explosion box.

Not very long ago, I asked here at SCS about copyrights, and finally contacted our family attorney concerning copyrights. I was told that unless I was willing to pay a fee for every single design, there isn't much I can do to protect my designs, except NOT publish them on the internet and not share them with anybody.

Feel free to vent - I agree with you - it stinks! Ethically it's wrong, but I just don't see what any of us can really do about it. Contacting Ebay is a waste of time, in my opinion.
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Old 11-08-2009, 07:21 AM   #15  
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Ok...first of all, it is against Ebay policy to use a photo that you do not own, or have permission to use. So this seller can and should be reported for doing that.

Now if she copied someone's ideas on a card and is selling it as her creation, there is really nothing you can do. And it's my understanding that she actually used a different DP, so it's not exact. It is entirely possible that she happened to use the same layout, same stamp, and came up with an identical card on her own. Highly unlikely, but possible. And the fact that she is stealing photos on other cards leads me to believe that she CASE'd the card. BUT, that being said, I did take a look at your (OP) gallery, and many of your cards, although wonderful, are not incredibly difficult nor do they have a a ton of defining factors. Out of thousands of card-makers here, making a couple hundred cards each, we are bound to have a few that are identical without intentionally copying each other. I am not saying she didn't copy yours, she probably did, and I would feel cheated, too. But there is no way to keep it from happening again short of not posting photos. And if that's what it takes, I say forget it. Let them steal.

Now my solution in this situation...
I would quickly take photos of MY card that she copied, and list it on Ebay with a shorter duration, making mention of the other copy on Ebay, stating yours is the original design. So you would waste a buck or two on fees, but you would make yourself feel better.
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Old 11-08-2009, 07:23 AM   #16  
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Quote:

Originally Posted by Sew It SeamsView Post
Unfortunately, unless you pay for a copyright, you are not really protected in that respect. If you posted those photos on photobucket or even on SCS, etc., anybody can copy them. Without a proper copyright, you can't really prove the photos aren't hers to begin with. (A "poor man's copyright" really has no protection; further, each item needs to be copyrighted, since there is no such thing as a blanket copyright.)

It upsets me that she's using other designers' work, but that's the chance you take posting anything on the internet.

I'm sorry this has happened to you, it happened to me in the past with an explosion box.

Not very long ago, I asked here at SCS about copyrights, and finally contacted our family attorney concerning copyrights. I was told that unless I was willing to pay a fee for every single design, there isn't much I can do to protect my designs, except NOT publish them on the internet and not share them with anybody.

Feel free to vent - I agree with you - it stinks! Ethically it's wrong, but I just don't see what any of us can really do about it. Contacting Ebay is a waste of time, in my opinion.
I agree, and was just going to post something similar.

You can watermark your photos all you want, also - but really that only deters someone from using your photos as their own, and online stores use your images anyway even with watermarks as long as it showcases products they sell. I have seen this done, granted the store is no longer in business, but I saw it almost daily being done on their blog.
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Old 11-08-2009, 07:35 AM   #17  
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A few years ago, someone I knew from another stamping board found out that someone on ebay was selling instructions for a 3D project she had created and shared on the stamping board. Not only did they use her photos (she had step by step photo instructions) but used the words verbatim. And she was selling these for a hefty amount and had sold quite a few. That to me is very unethical and this person was reported to ebay and I think, if I remember correctly, even had charges brought on her.

I do agree that a card that is cased is kind of up for grabs. It's a shame that this person who cased you couldn't come up with their own ideas to sell. But to post other people's photos is just wrong and if I was you, I would most definitely contact ebay and let them know what's going on. You might also want to check out etsy because if this person is selling them in one place, it's likely she has another venue as well.
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Old 11-08-2009, 08:13 AM   #18  
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you can report the auctions for using someones photos only if it is your photo, so you could contact those people whose pics she took. That is just wrong and oh so lazy.

Did anyone check out the cards for sale on ebay? Enlightening. The vast majority have no bids. Maybe one reason is the vast majority of them are, well, not so great.:o Entire cards made out of stickers and what look like snips of paper you would normall throw away. But even the really well done ones didn't seem to have much interest. I don't suppose anyone is giving up their day job doing this.
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Old 11-08-2009, 08:19 AM   #19  
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I just peeked at the Sellers cards and they are copied to the exact coloring too. Right down to the outside shading. I would report her, if not let her know about what she is doing is not right.
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Old 11-08-2009, 09:08 AM   #20  
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You also might want to notify the other people whose work/photos she's using. If all of them complain to her and to ebay, she might cease and desist.

Sorry this happened to you, but look on the bright side. She obviously liked your card enough to totally case it!
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Old 11-08-2009, 09:18 AM   #21  
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I'm okay now with her copying my card and selling it. I guess I just had to complain to someone. I'm not planning on saying anything to the seller about my card. I'll just take it as a compliment and move on. I enjoy my crafting and I like sharing it with everyone here. Stamping in not a business for me, so I guess I shouldn't be bothered by it.

Now as for the copied pictures- I'm not taking about one or two pictures here. There must be about 20 of them. Some of the pictures are even water marked (not that it stops someone from copying), but my point is- this just isn't right!

A previous post above stated (by katz_r_us) - 'you can report the auctions for using someone’s photos only if it is your photo'. This true and I had forgotten about this. So there really is nothing that I can do other than to inform the splitcoast users that their picture has been copied.
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Old 11-08-2009, 09:31 AM   #22  
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I case everyone on here and my fav bloggers. I hate it when I have to make due with what I have and theirs are so much nicer, lol. Pretty much everyone I have given a card to knows I am a habitual caser. I made my own cards from my own head and tried to sell them on ebay-I had no takers or for the minimum bid. I have since given up trying to sell my cards and give them away to causes or as gifts to friends.

So what I am saying is you are all so very talented and I love your cards, I get a high just going through the gallery most days. I may be a caser but I never take credit for other work and I dont post my cards on here since they are all pretty much cased.

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Old 11-08-2009, 09:52 AM   #23  
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What a shame. This same thing happened not so long ago with the premade scrapbook pages, but the seller took the photos and tried to sell the layouts on a website, these were pages that sold for huge dollar amounts. Maybe it is the same gal?
You do have copyright protection from the moment something is put in print, via electronic or otherwise, although purchasing a copyright makes it easier to prove. Ebay will pull auctions, if you belong to their VERO group it gets pulled a lot faster, but if all the owners of these pictures/cards would complain it wouldn't take long either I bet.
I once had a seller use my pictures I took to sell a product, and I emailed them and nicely told them I would be invoicing them for use of my pictures xx dollar amount through paypal, and the photos were removed within hours. Another time I used the report button when someone stole my picture and ebay removed it promptly.
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Old 11-08-2009, 10:13 AM   #24  
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I'm a bittersweet stamper right now. Today I am blessed to be the FS on SCS. My SCS cyber artisans are CASEing me - how much more of a blessing can there be???? What a joy.

Also today, I was alerted that one of my cards is being sold on Ebay. I checked it out, and sure enough, my card, my photo, my watermark. What a bummer. . . I'll deal with this later. Please PM me if any of you have new information regarding this seller. . .

Today, I'm celebrating.
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Old 11-08-2009, 10:14 AM   #25  
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What a shame. This same thing happened not so long ago with the premade scrapbook pages, but the seller took the photos and tried to sell the layouts on a website, these were pages that sold for huge dollar amounts. Maybe it is the same gal?
You do have copyright protection from the moment something is put in print, via electronic or otherwise, although purchasing a copyright makes it easier to prove. Ebay will pull auctions, if you belong to their VERO group it gets pulled a lot faster, but if all the owners of these pictures/cards would complain it wouldn't take long either I bet.
I once had a seller use my pictures I took to sell a product, and I emailed them and nicely told them I would be invoicing them for use of my pictures xx dollar amount through paypal, and the photos were removed within hours. Another time I used the report button when someone stole my picture and ebay removed it promptly.
Thank you for this helpful information! Hugs!
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Old 11-08-2009, 10:24 AM   #26  
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You do have copyright protection from the moment something is put in print, via electronic or otherwise, although purchasing a copyright makes it easier to prove.
PLEASE be aware that this information is CORRECT!!! If you post something that you have made, with or without a watermark, this is an effective copyright. You do NOT need to file a copyright form.

Therefore, any of you whose cards are being cased and sold, by posting them here, can easily PROVE your copyright. You DO have the right to demand that ebay remove those auctions and they will, if you notify them. You can use your dated uploads in the gallery here as proof of copyright if they ask for it.
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Old 11-08-2009, 10:41 AM   #27  
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I'm a bittersweet stamper right now. Today I am blessed to be the FS on SCS. My SCS cyber artisans are CASEing me - how much more of a blessing can there be???? What a joy.

Also today, I was alerted that one of my cards is being sold on Ebay. I checked it out, and sure enough, my card, my photo, my watermark. What a bummer. . . I'll deal with this later. Please PM me if any of you have new information regarding this seller. . .

Today, I'm celebrating.
Congrats on being today's featured stamper! You have an amazing gallery! I didn't get a chance to play just yet, but I will. Sunday's featured stamper is one of my favorite challenges.

As soon as I saw you post a message here I was going to tell you that one of your cards is listed by this ebay seller, but I see that you already knew about it.

Enjoy your day today and like you said you can deal with it later.
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Old 11-08-2009, 11:07 AM   #28  
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PLEASE be aware that this information is CORRECT!!! If you post something that you have made, with or without a watermark, this is an effective copyright. You do NOT need to file a copyright form.

Therefore, any of you whose cards are being cased and sold, by posting them here, can easily PROVE your copyright. You DO have the right to demand that ebay remove those auctions and they will, if you notify them. You can use your dated uploads in the gallery here as proof of copyright if they ask for it.
This is fine and dandy IF - BIG IF - you can prove you're the first one to ever use the design. In card making I highly doubt anyone (well except the first person ever to make a card with a particular layout umpteen years ago) is the first to use any design.
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Old 11-08-2009, 11:27 AM   #29  
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I don't know much about copyright information; however ebay's rules state that -

It is against ebay's policy to use images�including photos and other pictures�or text they didn't create themselves.

You're not allowed to use the Photos from websites.

I'm sure if these were reported to ebay the auctions would be removed.
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Old 11-08-2009, 07:21 PM   #30  
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This is fine and dandy IF - BIG IF - you can prove you're the first one to ever use the design. In card making I highly doubt anyone (well except the first person ever to make a card with a particular layout umpteen years ago) is the first to use any design.
Cat-woman: your comment is specious and you know it. A particular combination of layout with a certain stamp and certain papers is easily identified. You are choosing to be argumentative and un-supportive of those who have been stolen from. Yes, stealing intellectual property is indeed stealing.

So, you may continue to refuse to support those affected, but I will not read or answer anymore of your negative posts.
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Old 11-08-2009, 07:32 PM   #31  
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After a few exchanges with this particular eBay seller, she's removing every single one of her card auctions as I write this. End of story.
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Old 11-08-2009, 07:36 PM   #32  
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That is great, I was just wondering if anyone emailed her.
The crime of it on top of the her hijacking photos was she was selling those cards way too cheap!
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Old 11-08-2009, 07:39 PM   #33  
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After a few exchanges with this particular eBay seller, she's removing every single one of her card auctions as I write this. End of story.
Thank you so much for letting us know that she is removing them. That's great news!
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Old 11-08-2009, 07:50 PM   #34  
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Hi ladies! I guess I should have been more clear about my card. The seller has actually recreated my card and then uploaded her own picture. I'm assuming it's because she didn't have the exact dp that I used (I think it's retired). I'm not a demo, so I don't always use current items.

But the other cards that's she currently has listed uses the exact pictures that are posted here on splitcoast. Maybe she's posting our pictures and then if the item sells she can make the cards and send them?
As an experienced eBay seller and reseller, I can tell you this is strictly against eBay rules. There is a link on each posting where you can report this to eBay and the listings will get pulled. IF we are talking about SU products, my guess is she isn't using the proper SU requirements either which can also be reported to eBay. Check it out and do the proper reporting!
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Old 11-08-2009, 08:25 PM   #35  
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I too contacted the seller, asking her to remove my watermarked card and photo. I also put in a request for investigation to EBAY. The seller emailed me and explained he/she would remove my art from his/her store if I would supply the item number. I was told by EBAY that if 3 or more requests for investigation are processed and the information proves that the seller is indeed using photographs of artwork that are not his/her own, the selling license of that individual will be revoked. I sure hope there is compliance by tomorrow and all the cards are removed.

I'm with all the rest of you gals who feel CASING is the best compliment! For me, the line was crossed when the individual sold art that had my name on it. That's one of the fraudulent acts that EBAY tries to protect as well.
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Old 11-09-2009, 02:34 AM   #36  
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She also had pictures from Stamper's Showcase up there as well so that just tells me she's a demo who "didn't mean any harm." I don't buy it. She knew exactly what she was doing and in looking at how many transactions she's had, in the 150s, I wouldn't be surprised if she's been caught and reported doing this before and starts the process all over again by obtaining a different user name.
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Old 11-09-2009, 04:45 AM   #37  
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Update: All of the cards have been taken down.
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Old 11-09-2009, 05:13 AM   #38  
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I'm curious who is the seller...? YOu can PM if it's not allowed to be posted on this thread
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Old 11-09-2009, 07:49 AM   #39  
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i'd like to know who the seller is too
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Old 11-09-2009, 08:02 AM   #40  
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After a few exchanges with this particular eBay seller, she's removing every single one of her card auctions as I write this. End of story.
Cindy, you rock!!!
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