Vanessa Wood
Before you think I’m accusing you of stealing from eBay, I want to make it clear that I’m asking questions to spur consideration and discussion. Are you a thief? Are you a thief if you “lift” listing photos from an eBay? Say the listing photo shows a photograph of a long-lost relative and you then post it on Find A Grave…Are you a thief?
Online Photo Theft
My “day-job” over the past twenty years has been in the design world. I’m sensitive to copyright concerns of graphic designers, photographers, and website owners. The last thing someone wants is their hard work or expensive photography “stolen” and used by someone else. Websites have the little copyright mark at the bottom of pages to warn users of ownership rights. Try taking celebrity photographs from a “gossip” website and see how fast their lawyers contact you if they are reused/reposted.
Lordy, we all know how easy it is to “grab” an image off of a website with a simple right click. We’ve all done it. But what is done with it makes a difference. If you print it and tape it to your office wall no one will ever know or likely care. It’s when you republish the image or republish it for profit the trouble begins.
Social Media has thrown a monkey wrench into what can be “taken” and shared. It’s a delicate balance between what can be shared and what should not be taken. If an image is not clearly posted on a social media website and it will also be posted on social media, then it’s always safer to ask for permission. And if on a social media website, then likely the expectation is that the image will be reposted on social media.
Is It Crossing the Line?
I recently purchased two photograph albums on eBay that will keep me busy for years. They are a wealth of genealogical information on two very unique families (not my own). I’ve seen other interesting albums on eBay but have noticed a trend. People have been taking the eBay photos and reposting to FindAGrave memorials. Some FindAGrave users state outright that the photograph was found on eBay and others say nothing. I wasn’t sure what I thought about this posting practice. So I asked myself some questions:
- Is the photograph in the public domain?
- Who owns the photograph?
- Why is a photograph of a photograph on eBay?
- Does the eBay seller have the expectation that the photograph will be posted on FindAGrave?
- Is eBay a social media website? Is FindAGrave a social media website?
- Does the eBay seller gain anything by the photograph’s distribution?
- Does the eBay seller lose anything from the photograph’s publication on FindAGrave?
- Do genealogists lose anything by the photograph’s publication on FindAGrave?
The Seller’s Loss and the Genealogist’s Loss
Before buying my two photo albums I wanted to match them to a family or a locale. I’ve walked away from making a bid when I see the photograph(s) have been used in online family trees or on FindAGrave. If it’s your own family you may overlook these publications just because you want family photographs. For the genealogist or collector who want unpublished images, interest in the listing may fade.
For the genealogist, and even the sometime user of FindAGrave, photos casually “grabbed” from eBay are problematic because they lack provenance. We should consider the following,
- How was the identity of the subjects in the photograph determined?
- Who owns the photograph? After the auction ended, where did it go? Can it be found again by future researchers?
- Is the image quality the best? Is it a low resolution reproduction?
- If it is a low resolution image, then what is the viewer missing when analyzing the photograph?
- If the photograph is in an album, what chronological information is lost?
- If the photograph is in an album, what contextual information–where is it positioned with other photos–is lost?
- How will you cite the image as evidence? (I can’t imagine Elizabeth Shown Mills would be happy)
What Does eBay Say?
eBay says they only allow the use of images on THEIR WEBSITE.
We offer product data (including images, descriptions and specifications) that are provided by third parties (including eBay users). You may use that content solely in your eBay listings. eBay may modify or revoke such permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).1
My Thoughts
I’m not an attorney nor am I a copyright specialist, but I do have my own thoughts. I’m hoping the questions posed will also motivate discussion and thoughts on the use of eBay listing photographs for genealogy purposes.
FEATURED IMAGE: CoPilot AI, “cartoon image of a thief kissing a sepia photograph,” digital image, created 17 March 2025, Microsoft (https://copilot.cloud.microsoft/)
POST IMAGE: CoPilot AI, “cartoon image of a thief stealing an old sepia photograph,” digital image, created 17 March 2025, Microsoft (https://copilot.cloud.microsoft/).
