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Did Ebay give her my private number!? Really pissed off but it's probably my own fault. EBAY Could she have waited.

(98 Posts)
SchrodingersMew Thu 14-Jul-11 10:21:55

I am selling a wedding dress on ebay and it is unworn and in it's box so I didn't have a picture.

I found a picture on Google images and used it, I thought it was just a picture of the dress advertising it on another site and there was no copyright marks on the picture.

I had to go to hospital yesterday and get put on a monitor because my baby hadn't moved in 2 days. They were finding it hard to get a good trace and there was loads of decreases so I was nearly in tears with worry.

I got a phone call and ignored it as didn't want to answer in the ward, person wouldn't give up so I answered the call and asked them to call back and said I was in hospital. They wouldn't hang up and went on to ask where I got the picture from my ebay listing, I told her and she went on to tell me it was her in the picture. I said I would remove it but had to go, she kept going on about where I got the picture and I said I would remove it and hung up.

Came home to a message on ebay saying remove it or she will take legal action, I removed it immediately and replied to the message.

I have no idea how she got my phone number!? And I am fuming that she wouldn't hang up when I said I was in hospital.

I know I was wrong for using the picture but I didn't claim it was mines o even the same dress.

Am I being unreasonable? Should I have answered all of her questions while in hospital?

SchrodingersMew Thu 14-Jul-11 10:24:19

Sorry about the massive message.

WowOoo Thu 14-Jul-11 10:26:37

I don't think you should have used a picture that wasn't yours.
Why not take a picture of friend or yourself on wedding day?
I'd be annoyed if I found a pic of myself on ebay.

Sorry you've been in hospital, hope all's well now.

MrSpoc Thu 14-Jul-11 10:27:20

Yes you are sorry. It doesnt matter if it had copy right marks on it. The owner of the picture automaticly keeps the rights and also if the picture shown her in the photo she also has the right not to be shown.

Hope all was well in the hospital.

MorelliOrRanger Thu 14-Jul-11 10:28:00

You used a picture of another woman in a dress like yours. Didn't you remove her face from it?

Not sure how she got your number - I would ask Ebay about that though so that bit YANBU.

ZillionChocolate Thu 14-Jul-11 10:29:53

YWBU using someone else's photo. Presumably you could have posted one of your own photos of you wearing the dress, (and anonymised it if necessary). I'm sure you must have at least one good photo showing the dress off.

I'm surprised ebay gave her your number as you weren't in a transaction together. Might be worth checking the T&Cs and possibly making a complaint.

You wouldn't have been unreasonable to ignore her calls whilst at hospital, or to decline to answer her questions until later. It sounds like she's overreacted to your taking the piss by stealing her photo.

SchrodingersMew Thu 14-Jul-11 10:33:28

Woo I couldn't have used a picture of someone else as the dress has never been worn.

MrSpoc I know now I shouldn't have used the picture I just wasn't thinking when I used it and thought it was an advertising picture.

More I didn't remove her face because you could barely see it, the picture was tiny so her face looked quite pixelated.

I now know I was wrong using the picture and if it was me I would be pissed off, but I just assumed at the time because it was on google it was okay to use I guess I was being naive.

I really would like to know how she got my number though.

DogsBestFriend Thu 14-Jul-11 10:34:09

I'd have told her to fuck off! How dare she continue with showing off like a 2 year old over a bloody photo when you'd just told her you were in hospital! I'm buggered if I'd remove the photo after that either. I'd have let her threaten legal action, how pathetic. Yes, love, of course you'll take legal action... have you taken your pills today? Hmm, thought not!

I know that Ebay can provide phone numbers in order that those who haven't received goods and have had no reply to pm's and emails can chase items up but I've never heard of this sort of reason for having someone's number before.

Did she withold her own number? If not, she might appreciate a bit of free advertising on Gumtree...

<<whistles innocently>>

DingDongMerrilyOutOfSeason Thu 14-Jul-11 10:34:17

it is unworn and in it's box

Just thought I would highlight this from the OP so there are no more suggestions that she should have used a photo of herself.

OP, YWBU to use a photo of a person wearing the dress, you should have looked for an image of the dress alone. She overreacted a bit. EBAY have been totally unreasonable if they gave her your number, if you were unreachable they should have just pulled the photo until it was sorted.

In short, everyone a bit unreasonable, no serious harm done.

TheRhubarb Thu 14-Jul-11 10:34:34

She probably reported you to ebay and that's how she got your number. It's an infringement of rights and so ebay would have felt obliged to give her your number.

I'm sorry you were in hospital and that is really unfortunate. This woman as you said, could have called back later. However it's possible that seeing your picture brought back unpleasant memories? Or perhaps someone who knew her alerted her to it and thought she was selling the dress? Whatever the reason, it can't have been nice for her to see herself on ebay.

I would write back explaining that you found the image on Google, there were no copyright marks and that you thought the site it was on was an advertisement site. I would also eat humble pie and apologise profusely because she is quite right, she could have taken you to court over this.

Next time use the Google filters that allows you to view pictures that aren't protected by any copyrights.

Hope the rest of the pregnancy goes well and try not to let this stress you out. You made a mistake, we're all guilty of that and hopefully once you've explained and apologised the matter will be closed. Perhaps take the dress out of the box and photograph it on a hanger?

DogsBestFriend Thu 14-Jul-11 10:34:41

And PS, sorry.... I hope that all's well with you and the baby now. smile

SchrodingersMew Thu 14-Jul-11 10:35:21

Zillion My dress has never been worn as we postponed the wedding because I am pg. That's why I used a random picture.

I didn't know Ebay could give a number out. Had I got home and seen the email I would have removed the picture immediately.

I do realise I was BU for using the picture though.

TotemPole Thu 14-Jul-11 10:37:03

Has she bid on one of your items? I think if you've bid you can request the sellers contact info.

I thought it was just a picture of the dress advertising it on another site and there was no copyright marks on the picture.

Always check before using photos in future. Being on google images doesn't mean there is no copyright on them.

stupefy Thu 14-Jul-11 10:38:52

The photographer old copyright for photos, not the person in the photo. I'd have told her to fuck right off, ignorant arsehole.

stupefy Thu 14-Jul-11 10:39:23

Hold*

SchrodingersMew Thu 14-Jul-11 10:40:24

Dogs Thanks. smile I have to go for a scan but I think he's okay. Just stops moving a lot.

She did withhold her number and I have removed the picture. Was tempted to just blur the face after the call as I got told last night you can use a picture if you blur the person out but I decided not to act silly.

Rhubarb I haven't had a message or alert from ebay though, I assumed they would contact me first. I mean I could say to ebay that someone is using my picture and just get their number with no proof?

I found out where the picture originated, it's a website with her selling her dress.

I have apologised and removed the picture and also told her I thought it was from another site advertising the dress and that it had no copyright marks.

squeakytoy Thu 14-Jul-11 10:40:33

If the photo has been linked from another site, then the rightful owner of it would be very much aware that you have "stolen" her image.

You are lucky she didnt replace it with a much more "distasteful" image. I have known quite a few people do this when someone has used a photo without permission.. it is very easy to do.

SchrodingersMew Thu 14-Jul-11 10:41:07

Totem No she didn't. First I knew of anything is when she called me.

TotemPole Thu 14-Jul-11 10:41:16

Sellers use being in hospital, illness and death as an excuse to get out of sticky situations. If it was me I'd assume the seller was telling the truth and back off but some wouldn't.

SchrodingersMew Thu 14-Jul-11 10:42:08

Squeaky It wasn't linked, I just used the picture. blush

SchrodingersMew Thu 14-Jul-11 10:42:38

Totem She hadn't told me who she was when I asked her to call back.

SchrodingersMew Thu 14-Jul-11 10:44:05

http://www.zimbio.com/Wedding+Dresses/articles/446/SHARE+DREAM+USED+WEDDING+DRESSES+ALFRED+ANGELO

This is a link to where I got the picture and the picture I used. It was a very small picture and I didn't think you could really tell the face but I guess I am wrong.

WowOoo Thu 14-Jul-11 10:44:14

Forgot to add I am surprised that ebay gave your number.

If I saw something advertised as unworn I would expect to see a picture of it just hanging up. But, understnd with something as big as a wedding dress a real life pic of it being modelled is better.

SchrodingersMew Thu 14-Jul-11 10:44:28

http://www.zimbio.com/Wedding+Dresses/articles/446/SHARE+DREAM+USED+WEDDING+DRESSES+ALFRED+ANGELO

SchrodingersMew Thu 14-Jul-11 10:44:37

Why are links not working?

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