Stolen Nude Photographs Resurface on Ebay

My question involves personal property located in the State of: California

I have found myself in a frustrating and confusing predicament. About 7 years ago while loading up my apartment items and possessions to move to another apartment, someone stole several boxes that were left unattended by the u-haul. I didn't realize what had happened until days later while unpacking my things. The boxes contained mostly all of my photo albums, over 1000 loose photographs, art history books, personal papers, sketchbooks and some other items. Much of this wasn't worth much to anyone else but me. They were irreplaceable memories to me and all now were gone. I didn't file a police report at that time because I didn't think it would do any good but now really wish that I had.

Fast forward to about one week ago. For 7 years I searched the internet for any sign of my photographs, mainly on eBay and Flickr as well as general searches on Bing and Google. I couldn't get past losing all of my photographs. Then I happened upon one of my photos, taken some 26 years ago, in a listing by a reputable seller on eBay who has around 50,000 photographs listed on eBay and Vendio under several different accounts and stores. I spent a few days searching the listings and so far have found 97 of my photographs with more than 25,000 listings that I haven't looked at yet. To my horror about 25 or so of my photos are listed in the adult section and are of me nude, some very graphic in nature. All of which are up for auction currently and several have already been recently purchased. The other photos I found were of my artwork, still life's, friends, events, college and high school memories and of my family all of which are also now being auctioned off. I am completely horrified to think that someone I know, work for, or a family member will come across the photos of me that were taken years ago when I was young and stupid. I could lose potential clients and my business as a freelance artist could suffer.

I debated on how to approach the seller because I wanted my photos back very much, they are all I have of my past. Financially I am struggling right now so I'm not able to purchase each of the listings which range in price from $1.99 to $6.99 each. I emailed the seller very politely, explaining the circumstances with my photos and asked for her help in taking the listings off of eBay and Vendio and to possibly let me know where they were purchased at and if she had any more of them in her inventory. She replied stating that because she has had an inventory of over 500,000 photos she has no idea where they were purchased at, only that they were bought in different bundles and at different dates. She questioned me about being the actual owner of the ones that I wasn't in but had taken. I replied with a detailed list of all of the photographs, naming the people in them, where they were taken and the year they were taken, along with the item #'s from eBay and Vendio. I also had requested that I would like back the photos that were recently sold too. She replied that to remove the listings I would have to purchase each of them. I told her that I still own the copyrights to them because they were stolen but she replied that she had the right to sell them as long as they weren't copies and were the originals.

I have based my copyright infringement claim on the fact that several photos were of my original artwork, some paintings and drawings and that by selling the photographs of these this was a copy of my artwork being sold without my permission. Is this accurate? I also need advice on how to handle the situation and communications with her from this point? Is she liable for now dealing with stolen property, now that she has been made aware of it? Should I file a police report on the original theft at this time? Also by posting my nude photos on eBay, accessible to millions of people, is she liable in any way for defamation or for possibly damaging my reputation and income? I am extremely upset about all of this and would appreciate any input on how to go about resolving this ordeal.
Thank you very much.

copyright does not control the movement of lawfully produced copies, if someone is reproducing them you would have a copyright claim.


are these photographs that you made or that someone else made of your works after they were stolen?

If the latter you still have to prove ownership but you would be able to use copyright law to prevent that.

I could not discern if what is being sold are the original works or copies. If those are the original works, then there is no copyright violation because there is no copy. It is simply a matter of stolen works.

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I have based my copyright infringement claim on the fact that several photos were of my original artwork, some paintings and drawings and that by selling the photographs of these this was a copy of my artwork being sold without my permission.

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who took the photos? If it was you, then there is no copyright infringement since they did not copy your works; you did.

I suspect the police are not going to listen too closely about you wanting to file a claim for stolen property 7 years after the fact, especially since you were aware of the probable theft 7 years ago and did nothing as far as filing a report.

It is likely the current "owner" of the pictures and such will be seen as a bona fide purchaser with little for you to do against them, including demanding your pictures back without compensating them.

I simply don't believe that somebody who is in the business of buying original photographs and licensing them for use by others would not have records to document assignment of copyright. On reflection, perhaps it makes sense if she knows that she is obtaining the photographs from people who don't hold copyright, and doesn't want a paper trail to document that her business is built on copyright infringement, but I'm trying to give her some benefit of the doubt.....

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Quoting Mr. Knowitall

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I simply don't believe that somebody who is in the business of buying original photographs and licensing them for use by others would not have records to document assignment of copyright. On reflection, perhaps it makes sense if she knows that she is obtaining the photographs from people who don't hold copyright, and doesn't want a paper trail to document that her business is built on copyright infringement, but I'm trying to give her some benefit of the doubt.....

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I'm under the impression it is the original works being sold and not the image that is being sold for use by others. That is the only way this statement makes sense to me:

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I emailed the seller very politely, explaining the circumstances with my photos and asked for her help in taking the listings off of eBay and Vendio and to possibly let me know where they were purchased at and if she had any more of them in her inventory. .............. She replied that to remove the listings I would have to purchase each of them.

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Thank you all for your input on my problem.

Lehk: These were photographs I had taken of my artwork prior to the photographs being stolen.

Jk: What was being sold are the original photographs of my original artwork, this is what I was thinking was considered a copy. Some of the other photographs that are being sold were ones I took for artistic purposes, hoping to sell prints of them eventually. I agree the police wouldn't take a 7 year old theft report but what about reporting that I have found my stolen merchandise being sold now? Is this possible? What is a "bona fide" purchaser?

Mr. Knowitall (my mother and father called me that when I was a child): I assume that the buyers of her photographs can use them anyway they want to. Maybe for reproduction, in making scrapbooks, or my big fear that I will find mine either on a adult sex website or in some sort of printed material. But I agree with you that she has records of her purchases because of the high volume of business she does.

Jk: it is both the original works and the image being sold as far as I can tell. She has tons of other people's candid photos as well as x-rated ones also.
I am distraught at seeing the adult images of me for anyone to see and am very upset that I may see my wonderful photographs disappear from my grasp yet once again. There hasn't been a single day in the past seven years that I have not thought about my missing photographs, ones of friends who have passed on, my childhood friends, my backpacking trip across Europe, my Senior Art Exhibition, all of the events and milestones in my life that are so very vital as a record and footprint of who I was, am, and one day, will be remembered for.
Thank you all for your help. It is very appreciated it.

If you are dismayed, you should have not posed for them and kept tabs on them more carefully. Since you have no proof about a majority of them, you have no claim. You might be able to get the ones you posed for.

eliminating theses photos will be difficult to impossible, Google the Streisand effect, any attempt to eliminate them will instead draw attention to what were previously completely obscure and uninteresting items become a topic of discussion and people trying to see what the fuss is about, it will also get your name attached to these pictures in public discussions.