# Can I sue



## don-tucker (Sep 30, 2012)

Someone in the USA has used a pic of my beam engine as advert for plans,the cheek of it.
http://www.ebay.co.uk/itm/Beam-Steam-Engine-/320991429844?pt=Model_RR_Trains&hash=item4abc9484d4
Don


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## Lance (Sep 30, 2012)

Don it's kind of double edge sword. It's nice that they find your engine nice enough to use for advertising, but it's also a copyright infringment to use it without your permission. I would first tell the seller to cease , then if he keeps using it, report him to fleabay. They will shut him down, QUICK.


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## sssfox (Sep 30, 2012)

You could always get back at him by giving away copies of his plans.

On second thought, he probably stole those, too.


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## wheeltapper (Sep 30, 2012)

The silly thing is, the plans are free on Jerrys site anyway.

Thats where I got them when I made mine.
Roy


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## Brian Rupnow (Sep 30, 2012)

Don---Imitation is the greatest form of flattery. Stealing a picture and using it for advertisement  probably falls into the same category. To sue, you need to have a lawyer. We all know about lawyers, don't we!!!


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## old-and-broken (Sep 30, 2012)

http://pages.ebay.co.uk/vero/index.html

he 'affirmed' he was the verified rights owner at the bottom of the page.  Go to the link I posted and report him in violation, as YOU are the verified rights owner.  There are several links in the lower middle of the page.  5 of them I think, and you need the second one.


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## black85vette (Sep 30, 2012)

Seller does not have much feedback.  One negative feedback that is within the last 6 months says in it;  "These plans are available FREE on the internet..john-tom.com/"  Still worth reporting.


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## Norman (Sep 30, 2012)

You can make him stop using your photo You have to go through some steps with documentation etc. on flebay. Looks like the sale ended. If it comes up again you will need to go through those steps.
 I had the same thing happen with a motorized bike I built, some SOB took my photo and claimed it s his own so I went after him.
 I since put water marks on those photos.
 Flebay made him stop using my photo, since then I've had other things stolen from online thief's so I don't put anything on line that I don't want stolen.
Plans, ideas, and photos are where they will take and make it their own. Sorry bunch of ( you know what) out there.


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## gus (Sep 30, 2012)

don-tucker said:


> Someone in the USA has used a pic of my beam engine as advert for plans,the cheek of it.
> http://www.ebay.co.uk/itm/Beam-Steam-Engine-/320991429844?pt=Model_RR_Trains&hash=item4abc9484d4
> Don



It would be very courteous to ask for permission to use fotos.

Used to be a regular on a local fishing forum posting my catches.

Took my mates out last Saturday 29 Oct. and landed a whopper 6 pounder Grouper which is quite rare due to overfishing. Bet you this foto will be pinched and used by some local fishing guide to advertise his fishing trips.Hope he is smart enough to note the background----not his boat!!!!

Foto is posted to illustrate foto pinching.


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## don-tucker (Oct 1, 2012)

I sent him a message saying he could have asked permission,He said he would remove the photo or put a watermark on it for the purposes of accreditation,I might go for that.
I was not serious about suing,I suppose if you put a photo on the internet you lose all claim to it.
Don


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## RonGinger (Oct 1, 2012)

He is selling the plan, not just using the photo. Why should he sell your plan and make money off your work? And its cheating the buyer who could get the plan for free off the net.

I would contact ebay and make him quit selling your work.


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## wheeltapper (Oct 1, 2012)

Does anyone know if Gerry Dykstra ( oldboatguy) is aware that someone is selling his plans? 
I imagine he would be well p**sed off.

Roy


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## don-tucker (Oct 1, 2012)

I told him to forget it,but if I was Gerry wouldn't be happy.
Don


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## bret4 (Oct 1, 2012)

Where did he get the photos of the wood frame engine? Is that his?


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## rake60 (Oct 1, 2012)

Can you sue? *YES!*

Will international law recognize it as a legitimate case? *NO!*

ANYTHING posted on the internet becomes public knowledge.
There are laws that protect "Intellectual property".

Try to play that card.
Over the past 7 years I have paid a good bit in legal fees to do that here.

Truth is, there is no legal recourse.

Rick


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## Rex (Oct 2, 2012)

don-tucker said:


> I suppose if you put a photo on the internet you lose all claim to it.



That is not true, and we need not cede that point or we lose all control over material we create. You can't sue, but you absolutely should complain to ebay and make him cease. 
   You (we) should also make a point of watermarking our photos.  Alternately, insist on accreditation.  The ebay auction should say "photos courtesy of www.yoursite.com". Might get you some traffic.

DO NOT let a stranger profit from your work without permission.
DO require something of value in return.


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## black85vette (Oct 2, 2012)

He has another listing for the plans.   He has removed the photo in question.

http://www.ebay.co.uk/itm/Beam-Steam-Engine-/320993699452?pt=Model_RR_Trains&hash=item4abcb7267c


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## Rex (Oct 2, 2012)

There is certainly nothing to prevent one from selling what is available elsewhere for free. Lots of that all over ebay, and most downtown street corners.


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## wheeltapper (Oct 2, 2012)

It would be interesting to know if he has the complete set of plans because on Jon-Toms website there are some missing.

Roy.


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