Text and image theft on eBay and classified ads

It's tempting. What initially appears to be an extremely practical and time-saving method—simply copying the text and/or photos from an existing, compelling item description on a platform like eBay to promote your own listing—quickly turns out to be extremely expensive.

Especially when the competition has hit the nail on the head with its detailed and accurate description and has presented the goods for sale in a beautiful light with product photos, the temptation to use the work of the competitors is great.

Offer texts on eBay or classified ads can also be protected by copyright. This is the case if the texts reach a certain level of design or originality. If product descriptions exhibit a certain degree of creativity and individuality and thus stand out from generally accepted descriptions, these texts may not simply be copied.

In addition to the individual creativity expressed, the length of the text that is adopted can also be decisive.

It is even riskier to use photos from other sellers without their consent. According to Section 72 of the German Copyright Act (UrhG), photos are always protected by copyright, regardless of whether they meet a certain "level of originality" or not. This means that the unauthorized copying and use of a photo always constitutes copyright infringement.

In this case, the author initially has a right to injunctive relief under Section 97 (1) of the Copyright Act. This means that the seller who used the protected material can be required to submit a cease-and-desist declaration, subject to a penalty clause, in which they undertake not to use the material in question any further. Furthermore, the author has a right to information, which obligates the seller to provide detailed information about when, where, and for how long the copyrighted material was used. Based on this information, the amount of damages to which the author is entitled can then be determined, provided the copyright infringement was committed intentionally or negligently.

One thing is certain: As a rule, producing your own photos and writing texts is probably cheaper than copying.