Using other\'s minis as advertisement...

Z

Zora

New member
I have an odd question (I seem to have a penchant for that:))

If someone is selling something on eBay but using a picture of a mini you own as an example, do I have the right to ask them to remove it?

I don\'t want to be a stickler, as I\'m not entirely sure how I feel about it, but thought I\'d pose the question.

I won an auction on eBay awhile ago for a painted mini, paying more than I ever thought I would, and am now in proud possession of said beautiful mini.

Come along to find another seller is selling unpainted versions of same mini, and is upfront about the fact that he\'s selling an unpainted version of the same mini, but using a pic of the one that I own to advertise it.

Is it wrong of me to not want the pic of it plastered all over the internet? I don\'t mind showing off great minis, but am I just being an ass?

Opinions, please.
 
S

supervike

Super Moderator
well...

Is this new seller the actually painter of the mini you own?

If so, I\'d say they still have that right to post a pic showing what could be done with it (or maybe even a vague way to try and sell a commission)

If he is not the original painter, I\'d say it is rather tacky of them to do that, but other than politely asking them not to use it, can\'t see what you could do.

Sorry, I can\'t be any more help than that!!
 
Chern Ann

Chern Ann

Only when they're green
Staff member
The person who took the picture generally owns the picture. Just because you own the mini doesn\'t confer you rights on the picture usually, and especially if they were taken before you owned it.

If the person using the picture doesn\'t have permission to use it from the copyright owner, you don\'t have grounds for complaint either since you\'re not the one wronged against. The most you can do is tip off the person you think owns the copyright to the images and let them decide if they want to deal with it.
 
Z

Zora

New member
Wow...

It\'s amazing the things you find out by simply asking the community!

Now I just have to decide how much of a jerk I want to be...???
 
F

finn17

New member
I have to say...

Originally posted by Zora
...am I just being an ass?
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You are just being an ass.

As CA said, the only person who might even have the slimmest chance of copyright infringement would be the original painter, but even that would be unenforceable if he/she allowed people to take pictures of it. Even then you would need trained lawyers etc...

Take it as a compliment. After all, you own the real thing;)
 
C

Cerridwyn1st

New member
All questions of legality, copyrights, etc. aside, I still think that using a PAINTED mini to sell an UNPAINTED one is pure cheese. We are talking an ebay auction, not the manufacturer\'s website.
 
S

supervike

Super Moderator
as long as the seller clearly states (which I think the one in Zora\'s case does) that the miniature is unpainted, I see no reason why they shouldn\'t use a painted example.

A shiny pewter object usually doesn\'t photo well, and a lot of the detail is lost. Why not show off the mini in its best light. Like you say, the manufacterers do it, so why not?

Do you think Rackham would have sold as many of their miniatures without painted examples?

Of course, if the seller is being misleading in any way, I completely agree.
 
F

finn17

New member
Well...

I have never sold anything on eBay, so I have no axe to grind.

If I was selling minis on eBay however, I would ALWAYS illustrate the auction with a painted example of the mini in question. How much stuff would Games Workshop shift if they put true images of the contents on the box tops?

As long as it is made plain that the actual mini for sale is unpainted/unassembled you would have to be feeble minded not to show off the potential of your product.

You are also giving potential buyers additional information on what the finished product \'could\' look like.

*EDIT* you beat me to it Super...:flip:
 
T

TAB Studio

New member
The wholesalers post the pictures of the minis painted for the retailers to view for ordering purposes. I would think the manufactures of the mini had contracted the artist and paid for the work would they own the rights of the picture which they use to promote the mini wholesale and retail. Is this correct?
You would have to open the mini and glue to show the actual pewter. Supervike is right they do not photo well. I personally would not want that done to my future mini. The value of an open boxed mini goes down upon the broken blister let alone the glue .
Even useing the greens pictures at the manfg web site if it helps the buyer to see what they are purchasing.
IMO I could see if the seller was surfing web sites to grab non manufactures photos then use them for auction pictures.I do not think this is right but, as far as the photos shown with reps. or manufactures I do not understand why you would not to use them. Kinda like selling paint with no color chart. Ignorance is bliss, I admit, I am often smiling.
Question: Are the minis that the Reaper site uses given back to the painter and sold later by the artist or do they belong to reaper? I do not know.
 
S

supervike

Super Moderator
faster than a speeding bullet!

Originally posted by U4-Welcome
Well he ain\'t called \"super\" for nothing ! :bouncy:
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At least thats what my wife says....lollol

Hey! I think she is insulting me!!:flame:
 
F

finn17

New member
That\'s a compliment!!!

When she says:

a) Is it in yet?

or

b) Was that it?

That\'s an insult:innocent:
 
Z

Zora

New member
Hey everybody! Thanks for the feedback!

My original protest was that he might be trying to trick people by showing the painted mini. But he does list that the actual item is unpainted and unassembled.

I\'ve talked to the seller and said that I\'m okay with him using the picture. After all, I think he\'s selling his unpainted minis for more than others selling the same thing!

I\'ve decided to go the \"more power to him\" route. He\'s not being dishonest.

Guess I was just being a little selfish with the mini. Can\'t help it. It\'s beautiful.:innocent:
 
F

finn17

New member
That\'s cool...

Originally posted by Zora
Guess I was just being a little selfish with the mini. Can\'t help it. It\'s beautiful.:innocent:
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I can understand that, but if you re-frame things it\'s also a very positive thing as well:D
 
G

Gypsy

New member
Originally posted by finn17
I thought they always said that?
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Actually it\'s \"Now that you ask I think I can suddenly feel the beginnings of a pounding headache...See? Right here...Ow.\"
 
Chern Ann

Chern Ann

Only when they're green
Staff member
Originally posted by Zora
I\'ve talked to the seller and said that I\'m okay with him using the picture. After all, I think he\'s selling his unpainted minis for more than others selling the same thing!
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You don\'t seem to get it. It doesn\'t matter at all from a legal standpoint whether or not you\'re ok with it. You don\'t own the rights to that particular picture, unless you\'re the one who took it. If you don\'t own the rights, you can\'t complain.
 
M

mule

old and stubborn
Originally posted by Chern Ann
Originally posted by Zora
I\'ve talked to the seller and said that I\'m okay with him using the picture. After all, I think he\'s selling his unpainted minis for more than others selling the same thing!
Click to expand...

You don\'t seem to get it. It doesn\'t matter at all from a legal standpoint whether or not you\'re ok with it. You don\'t own the rights to that particular picture, unless you\'re the one who took it. If you don\'t own the rights, you can\'t complain.
Click to expand...

Well,,,
she can complain...
she just has no legal redress...;)
:flip::flip::flip:
 
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