Watch out for edynamicmarketing as a buyer!!

This guy is really pushing the limits. I recently sold a 1938-D Buffalo Nickel PCGS MS-66 in a rattler holder. The sale occurred on June 2nd at 18:49:41 UTC according to watchcount.com. This seller then used my images and listed the same coin for sale in his eBay store less than 13 minutes later at 19:02:31 UTC.

I caught it because I was doing a search for 1938-D Buffalo Nickels in MS-66 on eBay. I recognized my images because my name is on them. I then checked the seller and discovered who it was. I was pretty upset with him using my images without my permission. At the time I was not at home and did not investigate the situation further. When I did get home, that's when I discovered when he listed the coin for sale.

I have sent him a message through eBay regarding my concerns. My message asked him to remove my images from his listing immediately. It also conveyed my concern for him listing the coin for sale less than 13 minutes after buying it from me and not actually having possession of the coin. He did not physically receive the coin until June 7th according to USPS tracking.

I also stated that I considered our transaction as final since he is now trying to resell the coin I sold him. I will not be accepting any returns from him.

Here are links to the auctions.

This first one was my listing: http://www.ebay.com/itm/1938-D-Buffalo-Nickel-PCGS-MS-66-Golden-Toned-/232356036688?rd=1

This is his listing: http://www.ebay.com/itm/28250652576...99&_trkparms=gh1g=I282506525768.N36.S1.R1.TR8

Here are screen captures from watchcount.com

My Listing which shows start and end times.


His listing with start and end times.

 

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You can call eBay and have his listing pulled for using your photograph if you wanted too.

There's been a couple on CU

 

Here's what I sent to him. It's brief and concise without sounding overtly rude.

Hello,

I am writing you because of a couple of concerns regarding this coin I sold you.

My first concern is you are using my images in your auction. Those images are my intellectual property. I charge people for my photography service. You have not asked for my permission to use those images. Please remove them immediately.

My second concern is you listed this coin for sale in your eBay store less than 13 minutes after purchasing it from me. You did not have physical possession of the coin until June 7th. The original sale occurred on June 2nd 16:49:41 UTC and you subsequently listed it for sale using my copyrighted images on June 2nd 17:02:31 UTC. I have no problem with you reselling a coin I sold to you. I do have an issue when you do it without physical possession.

At this time I consider our transaction as final. I will not accept returns as you have listed this coin for sale.

If you have any questions please feel free to contact me.

Justin

 

That's just wrong Justin
As you know I asked you for the images of specimens that I have purchased from you.
The only reason that I would post your images over my own is your superior work.
But again with your blessings .
As an past E-bay power seller I can assure you just when you think you seen the craziest thing on the bay another will pop up.
People need to understand and respect copyright laws. They need to respect the artist work and ask permission or offer compensation for said work.
Having built a relationship with you over the last year ,knowing how you roll ,I can assure others that you are fair and willing to work with others.
However no one can fault you at all for bring this issue for front . As I myself would definitely take issues for anyone taking credit for my work.
I hope you find resolve on this issue.

 

If we've paid for the pictures, like I have, are we allowed to use them? I use a few of them, so hopefully so.

 

I'm definitely not a fan of this seller. Most, if not all, of his raw toned coins would come back QC from any reputable grading company. Just look at his feedback. He's a juicer. With that said, he's one of those sellers that keep a few graded coins in his line up as an attempted diversion from this fact. He bought your coin not your images so he has essentially stolen them.

 

Shouldn't be an issue using any images that you paid for.

 

eBay has a special form for reporting violations of the DMCA (Digital Millennium Copyright Act). The DMCA requires takedown unless a counter claim is filed - how s/he could do so if your name is clearly on the photo eludes me.

This is probably the one thing eBay actually does because if they don't they lose the safe harbor provision and would have to vet every photo...

 

Personally I don't mind someone using my photos to resell an item. I'm usually happy that I sold the item in the first place.

However, I do agree that the original seller who took the photo has the right to tell the buyer they can't reuse the photo. @jtlee321 your message is fair and the buyer should listen to it.

What's funny here is that buyer used to write in their listings that they charge for photos. It basically said you had to pay them $1-$2 to reuse a photo.

 

Perhaps you should send him an invoice for $100 for the use of intellectual property. That is the approximate difference in the price he paid and the price he is asking.

Also interesting that the feedback for his sales are listed as private.

 

This seller is a total scam artist. I would NEVER have anything to do with them.

 

Sounds like what we have here is a failure to communicate. I think you both should take this off line and work out your differences without getting all of CT involved.

 

Nothing wrong with warning the community about him.

 

It's not about warning the community. It's about working out an issue between 2 dealers, of which 1 is a buyer and the other a seller.

 

This isn't a disputed transaction, it is someone using his photos which he had no permission to use which is stealing. You might want to go to the CU forum and check out the threads about that buyer as well. There is more than one on the first page

 

A large portion of this seller's purchases are artificially toned and then resold on the market.. This is quickly and easily ascertained by reading their feedback and perusing their inventory.

 

This is just a secondary issue to the main issue that has been brought about this scum bag. The guy not only artificially tones raw coins, but he also manipulates coins within their holders. It has been brought up multiple times over on CU. It has been proven a few times. A bright white coin is found on eBay that had been sold and then later relisted by this seller that now has magically toned. It's not exactly attractive toning either and they ALL have the same look.

John, you own those images. You bought and paid for that service. You can use them anywhere and in anyway you want. That is why you paid to have them created.

Honestly, I would not have been this upset had it not been for this particular person. The fact that they used my images to relist the coin so quickly show's just how low their moral standards are. That and I know that they know how to take photographs. They used to try to sell the service in their eBay store! Had it been someone who normally has crummy photos of the coins they sell (ie, out of focus, cropped really badly, really bad exposure....) and they just thought it would be easier to reuse my images, I'd more than likely let it slide. I may drop them a note letting them know that in the future if you would like to use my images, please ask, I don't mind you using them, just please ask. But with this guy, it's just another major symptom of their extremely messed up moral compass.