legal?

[sockets]

Hi -- I am new here and not sure where to post this question, so if the moderators see that it should be in another area of this forum please do move it to the proper location where it would get the best response.


I receive email "for sale" offers with pictures attached of items for sale.
The pictures are of rare antique bulbs and some of them not what they are supposed to be. There are no disclaimers in the CC list public email offers or anything saying not to use the pictures.

I posted one of the pictures into a bulb forum to ask questions about it and if it is what it has been advertised to be. I did not say who had offered it as it may had been in bad taste, but the problem is that now I am being asked by the person that sent he offer to remove his picture.

I think that he fears people finding out that he is selling mis described items.

I know that he does not copyright every photo he takes, and even if he was to do something special on this, is it legal to post the picture?

I could understand if I was using it for commercial reasons or to somehow benefit from it money wise, but is this not public domain?

In his email to me:


Pirated Photograph Please remove from Website
And .. "unauthorized personal pictures of mine".

Can someone help shed some light on this?

What am I in for if I do not remove the photo?

Should I explain in the thread what is going on?
Should I remove the photo?
Should I post more photos and show that a large percentage of his items are false offers?

Looking for any help that would shed some light on if I am doing something wrong.

Thanks

[PrintDriver]

Bulbs? Heirloom Plants?

If he took the photos, the minute he did, they are under his copyright, whether they are listed © at the Copyright Office or not. Technically they are his property and his call.

As far as your reposting them to another place to ask a question on them it gets a little trickier. I'm not a lawyer and no one here can advise you on the legal ramifications without consulting one.

You are using the image without proper prior permission to do so. It kinda sorta might depend on the tone of your forum posting as well. If all you are doing is asking the ID of the plant in a strictly professional manner, that's one thing (and maybe you shoulda given him the proper byline, ie "Photo © Joe Bulbless" ;)). It's might be quite another if you are accusatory in your tone. And even another if he is selling misidentified plant material. I've seen, vicariously, some pretty petty things go on in small focused 'hobby' forums where there is infighting and forum sniping amongst the players involved. LOL!

There are other options, depending on how petty YOU want to get. Posting more of his photos compounds the problems you will have if he decides to get all legal on you. Posting in the forum what is going on is up to you, again depending on your tone. Watch out for accusations of libel and defamation. Be sure of your facts regarding these plants. A simple warning to the group may be all that is needed. Sensationalizing is a bore.

[sockets]

Thank you for your reply.

No, antique light bulbs --

The post was just asking another user in the forum if the bulb was or was not what it was advertised to be.

This was without saying who had made the offer and never mentioned any names because I did not think it would had been in good taste. (just a simple question). In the offer for sale he had used the words "Positive ID" because the bulb had "very very long hollow glass tubes". I just simply showed the picture of the bulb in the forum and asked if the glass tubes do make a positive id for this type of bulb.

My thoughts about why he may had got all bent out of shape and did not want the picture shown is because 'maybe' the person that purchased the bulb from him might see the picture and then see that he bought something that it is not.

Information about these kind of items is hard to find. It is easy for people with strange looking items to just make something up; and say this is xxx item - asking price 1800.00. Well no one ever even seen xxx item before
and it is easy for them to buy it. But then later it turns out to be something else worth a fraction of the price. It all depends on the knowledge level of the person selling. I have purchased items from this person for 500.00 when they were really worth a lot more, so it goes both ways. I just feel sorry for the people that get ripped off I guess.

Because his picture is the only picture of this type item, there is no other way to show it and ask a question about it.

I guess I can zoom in on the photo and cut out a small clip of only one glass tube from the inside of the bulb?

Thanks for your reply.

[PrintDriver]

Sorry.
<Former botany major.
Even posting a piece of his image is still using it without permission.