Forums > Photography Talk > Unauthorized Photos on Alibaba

Photographer

What Fun Productions

Posts: 20868

Phoenix, Arizona, US

I have found several Chinese websites using my photos.

Has anyone used the removal site, AliProtect?

I would appreciate any help or suggestions!

Jul 05 17 01:49 pm Link

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

Doubtful much would happen. I had another eBay user use my photo to sell their product; both were used, and mine was even missing pieces. I approached eBay an hour and instead of taking the the tact, told them that he wasn't properly representing his product, since it was my photo
With my girlfriend in it. Well, her torso, holding the item.

They emailed me back to tell me they were doing nothing.

The reason mention this is that eBay will go after sellers if they make a typo, or even breathe wrong. Alibaba has a reputation of whistling and walking away.

Jul 05 17 05:11 pm Link

Photographer

Eagle Rock Photographer

Posts: 1286

Los Angeles, California, US

What Fun Productions wrote:
I have found several Chinese websites using my photos.

Has anyone used the removal site, AliProtect?

I would appreciate any help or suggestions!

China is a pirate country, and has no respect for other people's intellectual property.

Unfamiliar with the removal site you mention. Why don't you provide a URL for it.

Jul 06 17 12:42 pm Link

Photographer

Eagle Rock Photographer

Posts: 1286

Los Angeles, California, US

Zack Zoll wrote:
Doubtful much would happen. I had another eBay user use my photo to sell their product; both were used, and mine was even missing pieces. I approached eBay an hour and instead of taking the the tact, told them that he wasn't properly representing his product, since it was my photo
With my girlfriend in it. Well, her torso, holding the item.

They emailed me back to tell me they were doing nothing.
....

eBay would probably behave properly if they received it properly formatted DMCA takedown note.

Jul 06 17 12:43 pm Link

Photographer

What Fun Productions

Posts: 20868

Phoenix, Arizona, US

Eagle Rock Photographer wrote:

China is a pirate country, and has no respect for other people's intellectual property.

Unfamiliar with the removal site you mention. Why don't you provide a URL for it.

https://legal.alibaba.com/index.htm?language_id=english

Jul 06 17 01:00 pm Link

Photographer

j francis photography

Posts: 511

Los Angeles, California, US

https://image.slidesharecdn.com/alibabaandthe40thieves-150602121953-lva1-app6892/95/ali-baba-and-the-40-thieves-elements-of-story-1-638.jpg?cb=1433247668

You have to report all 40, though.

Jul 06 17 01:01 pm Link

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

j francis photography wrote:
https://image.slidesharecdn.com/alibabaandthe40thieves-150602121953-lva1-app6892/95/ali-baba-and-the-40-thieves-elements-of-story-1-638.jpg?cb=1433247668

You have to report all 40, though.

Well done, Sir.

Jul 07 17 02:35 pm Link

Photographer

Zack Zoll

Posts: 6895

Glens Falls, New York, US

Eagle Rock Photographer wrote:

eBay would probably behave properly if they received it properly formatted DMCA takedown note.

Possibly, but it didn't seem worth the effort, since I wasn't too concerned.

I was once forced to give a refund for an item that didn't work, despite my listing saying, "this is as-is. I'm pretty sure it doesn't work, but I can't test it - so just assume it's broken and bid accordingly. Maybe you'll get lucky." I figured consumer protection was the path of least resistance ... But when that didn't work, I couldn't be bothered to pursue it

Jul 07 17 02:41 pm Link

Photographer

Ken Marcus Studios

Posts: 9420

Las Vegas, Nevada, US

Reporting infringement through the AliProtect system is a multi-step process.  The steps are:

    Submit proof of your intellectual property rights, be they trademarks, copyrights, utility patents, or design patents.  For each IP right you must upload evidence of that right, such as the trademark registration certificate, copyright certificate, or the issued patent.  You must also provide evidence of your ownership of that right.  For example, if the IP right is owned by a corporation or limited liability company, you must upload the articles of incorporation or formation.  Finally, if an attorney or other representative is submitting the IP right on behalf of the owner of the right, a power of attorney is required.
    Once all the documents are submitted, they are reviewed by the AliProtect system group and either accepted or rejected.  If rejected, AliProtect will usually send an email that explains the reason for the rejection and provides information about what must be done to fix the problem.  Sometimes these emails are written in broken English which complicates the process.  Often several tries are needed to get IP rights accepted and recognized by Alibaba.com. Once AliProtect has “approved” an IP right, it can be found in the “Submitted IPR” section of the AliProtect Dashboard.
    The next step is to submit complaints. Complaints can be submitted either by searching keywords directly from the IPR Complaint section of AliProtect, or by pasting URL’s into the IPR Complaint interface.  A coherent and legally valid reason must be given for each Complaint.  That reason should match the IP right on which the Complaint is based.  For example, if the IP right is a trademark, the reason for the Complaint should have something to do with the merchant’s unauthorized use of the trademark in the listing.
    Once a Complaint is submitted, as with DMCA takedowns, Counter-Notices are possible.  However, in our experience these are rare.  If a Counter-Notice is given, the AliProtect Dashboard provides a place for a response.
    Following the review of Complaints, AliProtect will mark them as either “In Progress,” “Unable to Process,” or “Listing Removed.”  AliProtect will send an email if a Complaint is unable to be processed and provide a reason (often, once again, in broken English).  However, no notice is given when listings are removed.  For those you have to check back with AliProtect to see the outcome.

Jul 09 17 02:32 pm Link

Photographer

What Fun Productions

Posts: 20868

Phoenix, Arizona, US

Ken Marcus Studios wrote:
Reporting infringement through the AliProtect system is a multi-step process.  The steps are:

    Submit proof of your intellectual property rights, be they trademarks, copyrights, utility patents, or design patents.  For each IP right you must upload evidence of that right, such as the trademark registration certificate, copyright certificate, or the issued patent.  You must also provide evidence of your ownership of that right.  For example, if the IP right is owned by a corporation or limited liability company, you must upload the articles of incorporation or formation.  Finally, if an attorney or other representative is submitting the IP right on behalf of the owner of the right, a power of attorney is required.
    Once all the documents are submitted, they are reviewed by the AliProtect system group and either accepted or rejected.  If rejected, AliProtect will usually send an email that explains the reason for the rejection and provides information about what must be done to fix the problem.  Sometimes these emails are written in broken English which complicates the process.  Often several tries are needed to get IP rights accepted and recognized by Alibaba.com. Once AliProtect has “approved” an IP right, it can be found in the “Submitted IPR” section of the AliProtect Dashboard.
    The next step is to submit complaints. Complaints can be submitted either by searching keywords directly from the IPR Complaint section of AliProtect, or by pasting URL’s into the IPR Complaint interface.  A coherent and legally valid reason must be given for each Complaint.  That reason should match the IP right on which the Complaint is based.  For example, if the IP right is a trademark, the reason for the Complaint should have something to do with the merchant’s unauthorized use of the trademark in the listing.
    Once a Complaint is submitted, as with DMCA takedowns, Counter-Notices are possible.  However, in our experience these are rare.  If a Counter-Notice is given, the AliProtect Dashboard provides a place for a response.
    Following the review of Complaints, AliProtect will mark them as either “In Progress,” “Unable to Process,” or “Listing Removed.”  AliProtect will send an email if a Complaint is unable to be processed and provide a reason (often, once again, in broken English).  However, no notice is given when listings are removed.  For those you have to check back with AliProtect to see the outcome.

Thank you!

Jul 16 17 11:59 am Link