Well, the first thing I'd do is cut his balls off.
But, given that we live in a society with laws, here is how this works.
1. Send an email to eBay asking for the item to be taken down. Provide eBay with the copy of the photo that you feel is the same as the one the seller is offering. This is what the lawyers call a "take down notice". No lawyer needs to be involved in this step.
2. If you find that the item has been sold already, then you need to determine if the seller represented the photo as being his own. If he did then you have copyright violation. What you can do about that in terms of suing for damages depends on whether or not you registered that photo with the U.S. Copyright office. All photos have an implied copyright granted the person who took the photo but you cannot seek monetary damages for copyright infringement unless you go through the motions of actually documenting the copyright.
Here's a link to a page covering this:
http://www.digicamhelp.com/learn/com...s/register.php
Copyright office procedure and forms link here:
http://www.copyright.gov/forms/
It would be easier to just cut his balls off. :wink
Personally, I don't care if people use any of my photos in promotional efforts for their own team as long as the copyright stamp is not removed from the photo and I am given credit for the photo. But when someone goes and sells that photo like is being done here to Al, that's just outright theft. That thief did not stand out in the hot sun to take that shot. That thief did not put their life at risk standing trackside to shoot that. And yet they feel insulated in their act of crime because they can do it semi-anonymously on eBay. :angry-smiley-007:
