Picture Theft? You Be The Judge

In the wake of the Swatch & Learn/Swatchaholic Sinful Colors Fiasco, It seems I now have a picture theft issue of my own. Normally, I don’t really pursue people using my photos on eBay (happens quite often actually) but the time has come for me to start cracking down on these kinds of shenanigans. I don’t spend hours painting and photographing my nails so that people can come along and charge ridiculous amounts of money for the rarities that I tend to swatch.

Whats worse though is that after a tipoff from a kind reader, I asked this person to remove my photo politely. They responded with the following, after a lengthy paragraph badmouthing the “crazy” person who told me this was my photo.

Here’s my swatch, taken in 2010.

Now, if I was gonna steal a swatch I’d look for one less crappy, but that’s just me. Here’s the auction in question.

I don’t think there’s any way you can claim that’s NOT my hand. Unless she’s my Joey Tribbiani hand twin with identical lighting, angle, glitter dispersion, nail length and camera skills.

But what I think burnt my biscuits the most out of this (apart from being lied to) was the fact that they are a) charging $44 for this polish and they b) state in the listing “I HAVE BOTH ESSIE STARRY STARRY NIGHT AND THIS POLISH AND IT IS ALMOST IDENTICAL IMHO”. Umm. No again?

Looks like they need glasses too as well as ethics.

Also, can anyone else see the irony in the fact that the picture that they are claiming is theirs is Midnight Imposter?

Oh hey, what do you guys think of my new watermark? :awe:

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  • Konadlicious

    CRAP.  You can report them to eBay, they will take forever to respond but at least the seller will get a strike against their account.  Let us know how u go.

  • Tara Capewell

    you should really contact ebay. they have a 48 hour reply policy and i have always had good service from them. you can also speak to them directly on webchat. i had a repeat offender bidding and winning my items and then not paying for them. ebay were great and removed him from ebay. there is no harm in giving it a go!

  • Missy/Gnarly Gnails

    that sucks. people suck. why do they always dig a deeper hole instead of just apologizing?
    sidenote – love that polish! is it d/c to warrant that price?!?!
    and that watermark SUCKS! please be kidding! i can’t begin to imagine how much i’d hate seeing your beautiful nail pics with a giant yellow danger warning watermark across them!

    • BlueFlameBeauty

      You can get it on Ebay for around 20 bucks if not less. You can buy it online for a few bucks and have it shipped and even some Beauty Supply stores carry it for I think 3$. So it depends which one suits you and your location but no, it isn’t at 44 and it’s not at their new price either. 55$ Price is the seller’s business but what this seller is trying to pull is shameful. On it’s own Midnight Imposter is a interesting color though. I snagged it at a salon for 4$ and I like it.

  • Shatter_me_Claire

    Hey! You apparently you have a twin with the exact same hand and taste in polish!

    You need to click here mate – http://pages.ebay.com.au/help/tp/vero-rights-owner.html    Report them and that’s their own fault then for not changing the pic in the first place

  • OMG KAZ. They have my photo of Midnight Imposter up on the same listing. I was about to email you about it. And the reply is EXACTLY WHAT THEY TOLD ME with the whole “professional photographer” bullshit. I wasn’t even mad until they replied. Fuck. Plus that polish is still in production. I see it at a nail supply for $3.
    ……this hand is your hand. this hand is my hand …oh wait that’s your hand …no, wait it’s my hand!

  • Kristy

    Ahhh, the douchebaggery!!! Their feedback is shit too – I wouldn’t buy from them

  • Lani

    What the heck?! Dude, when someone lets you know your using one of their pictures you don’t go telling them they’re wrong & making an idiot of yourself! Definitely report them to Ebay. I hate swatch stealers – bad enough to do it in the first place, but to turn around & claim you have the right to use it… Urrrrgh.

  • Urgh that is so despicable. The least they could do is own up to it and apologise. you definitely should add a watermark to your beautiful pictures! Maybe not the massive bright yellow one through xp

  • Haha, nice watermark! 

  • Jacob Allistair

    Wow, you need help. All this fuss over a goddamn picture?! It’s not like it’s fucking art or anything. If you were a true blogger and had done your homework, you’d know that you cannot carry a copyright on a photo containing an intellectual property (in this case, CM Midnight Impostor). Therefor, any photo you post on a Web site such as this is considered public domain unless otherwise stated by the owner of the original intellectual property (I’ve had this explained to me on several occasions). So, when you claim picture theft, you might want to point the finger at yourself, seeing as how someone else owns the “intellectual property” featured in your photo to begin with …

    Also, this will be the last time I read this blog. I’ve read it numerous times (my girlfriend is very much into nail polish) but she was shocked when she saw that this blog had become what she called “high school drama club.” This kind of stuff does not belong on a nail blog; shut up and show the polish. Leave the high school stuff where it belongs.

    • Kaz

      Kinda missing the point here Jacob, the seller lied and told me the photos were hers. They’re not. The seller is also ridiculously overcharging for a product using my nails to advertise the sale. I want no affiliation with scalpers. Third, the seller is intentionally misleading the buyer by claiming this polish is “identical” to Essie Starry Starry Night. It isn’t.

      With regards to the photograph not being my intellectual property, you sir are incorrect. The brand CM is a trademark, not a copyright and trademarks are not covered by copyright law. The photo is of a part of my body, taken by me. I own it. It was used for financial gain without my permission. eBay have encouraged me to file a NOCI form (Notice of Copyright Infringement) stating unathorised use of intellectual property. If they believe I am correct for doing so, then I am more inclined to believe them than you.

      To be perfectly blunt – you shoot it, you own it. That would be me. Someone else is now trying to make a sale using that shot. Not cool.

      • Jacob Allistair

        I don’t really care what’s going on between you and the seller. Also, the logo design is under the protection of copyright law.

        To prove this, look at the case of Louis Vuitton. They sued Britney Spears over the use of their logo in her music video and won! Not only that, if logos are not copyrighted, then how can brands such as Nike get their logo blurred out on shows they do not sponsor? Answer me that.

        You might want to check your law again … you’re way off the mark!

        On a latter note, some advice for you:  I’ve had many pictures used off my website without my consent, but I would never dare throw a gigantic fit like you have in this post.

        • Kaz

          Louis Vuitton and Nike are able to legally challenge misuse of their trademarks when it becomes an issue of brand misrepresentation and implied affiliation. The logo design is not copyrighted, it is a trademark. I don’t know how many ways I can say this. They sued Britney Spears because her video (which she makes profit from) implied that Louis Vuitton endorsed her, which they did not. Same goes for Nike blurring out logos. The issue comes down to unfairly making money off someone elses work, which really just validates my point.

          I don’t make any money from this blog, so there’s no issue of brand misrepresentation for my own financial gain. If we weren’t allowed to photograph these bottles for our blogs, brands like these wouldn’t send us samples for review.

          I’d hardly say that calling someone out for their dishonesty is a “gigantic fit” but tomayto, tomahto.

          I’m done rationalising with you as it’s clear to me that you aren’t willing to listen to anything I have to say or acknowledge the hours I spend painting, editing and taking pictures. If you and whoever you live with don’t want to read my blog anymore, fine with me. I really don’t care. Please go away.

          No further comments will be published or replied to.

        • Emz O

          Just wanted to say, you are an absolute moron. That is all.

    • tricia mcfarlane

       “This kind of stuff does not belong on a nail blog; shut up and show the polish.” Who are you to say what belongs where?Everybody is entitled to an opinion and to express it!

    • Hannah

      Jacob when you understand creative commons copyright laws properly come back to us. Also, take your troll behaviour elsewhere please.

  • Gooseslittlegoose

    Wow so much drama over something so simple, people need to be calm and carry on. WTF? do you have nothing better to complain about? I was shocked when my sister showed me your new post as she is a follower and myself a reader. I am no longer going to be reading here as this is to TMZ-ish for me. This was more laughable than people being pissed at poor Lynn for selling on Ebay. Sad thing is we loved your going for gold post and now this?!?

    • Kaz

      You do realise that I can see that you and the previous commenter have the same IP address, right? LOL

      • Jacob Allistair

        That’s because we live in the same fucking house, you twit.

      • MaggieM

         That’s hilarious! It’s so funny when people get busted for creating their own “supporters”!

    • Kirsten Glitta Gloves

      Oh, of COURSE multiple people in your household have an issue with this post and of COURSE two of you have decided to attempt to call Kaz out for something that IS an issue, despite your less-than-knowledgable ranting about the law. Okay. Sure. Maybe you should find something better to do with your life. Maybe you need a hobby, Jacob, so you can stop attempting to berate people for their legitimate reactions when someone is making a profit off of stealing the products of their hobby.

      Kaz – I hope you can get the situation resolved because that seller is an absolute lunatic if they think that there’s any way that this photo ISN’T yours. I hope you keep us updated! <3

  • BlueFlameBeauty

    Sly seller edited and removed your photo it seems. So fight to the death to keep it up but call them out publicly and it’s gone. They kept the claims about Essie though and upped the price. I don’t understand. Other sellers are asking less then half of their price so they stick out like a sore thumb.

    Pro Photographers and Light boxes. Hmm.. yeah. I checked the feedback links. They use the Pro Photographers and Light Boxes of other Bloggers, the new photo however is certainly their own and not stolen. It’s clear to see the Pro was out of town that day. There is a watermark slapped on it so NO stealing. That would be wrong.

    The same IP objectors share the same stories. Someone informed someone else and they were “shocked” that you posted this. Couldn’t possibly be the seller could it? Nah… let’s not stretch it like it’s a CM polish dupe for Essie. 

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  • Emz O

    Go get em, Kaz!! For the moron/s (I’m humouring Jacob as we know it’s the same person making the other negative comment), don’t like it? Don’t read it! I personally wouldn’t want someone with those views reading my blog.

  • Kaz

    Ugh, what a despicable person. What kind of person sells fake SSN? UGH

  • Renee

    “I don’t think there’s any way you can claim that’s NOT my hand. Unless she’s my Joey Tribbiani hand twin with identical lighting, angle, glitter dispersion, nail length and camera skills.”

    Kaz, I think I love you.
    That being said, I think it’s crap, and definitely report them to eBay! Good luck 🙂

    • Kaz

      Haha thank you Renee! You’ll be glad to know that all’s well that ends well. While I never did get any sort of apology, the seller stopped using my photos.

  • Linda

    Umm….. Wow! Really? It sounds like a 10 year old came up with that story. Ridiculous!!!! Ya they also must have had the same EXACT mishaps on their ring finger as you did in yours. Is there anything you can do about it? I would be beyond infuriated.

    • Kaz

      They took my photo down, but beyond that not much I can do. I’m happy with that though.

  • Kaz

    Aww thanks for reading! I should check my formatting and stuff to make sure these old posts show correctly!