@ThreeMeers: You’re not understanding.
Intellectual Property Rights are given to any media. Photography, video, music, film, artwork, any media immediately upon creation. You do not have to file for them. They are immediately and legally given to you the moment you create something. She took the photo, therefore creating a media, therefore she is given legal intellectual property rights. You do not write into the government saying, “I made this and I want to protect it.” Copyright is very different than Intellectual Property rights. Facebook is not private. Setting your profile to private still does not make it private. If you’re going to claim the site is private, so is this site. Nothing on the internet is private, and there is no way to prevent that.
Here is a website that gives a general gist of IP rights.
“This core set of IP rights reward and protect the creative works of inventors, authors, owners and sellers of goods and services in the marketplace.”
The OP is the owner of a photo. A photo she did not give explicit permission for an external site [NOT the one she posted the photo on] to use the photo to make a profit. The site, Tradsy, likely gets a cut of the profit of something sold. The seller is also making a profit (debatable) on the item sold.
Just because something is on the internet does not mean, “Oh gee, I can take this and use it to make money with no consequences!”
Intellectual Property rights are not a copyright. Nor are they a trademark or a patent. Everything that is created has IP rights. They are “god given” (so to speak in a legal sense) and anything on the internet is protected by IP rights. If I draw a picture of a monkey and put it on wedding bee, and somebody (off site for argument’s sake) uses it to make money, I can demand they take it down.
That monkey is mine and they are using it without my permission. It doesn’t matter if I put it on wedding bee, facebook, or etched it on the moon. Without my permission, it is illegal for them to use it to make a profit.–
Edit: A quick google search says that every photograph is also protected by Personality Rights, AKA somebody’s “copyright” on their own face.
“The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity.”
Using somebody’s face without permission regardless of where the photo originated is also against the law and a violation of personality rights.
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Edit Edit: More to the point: “Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one’s personality represented publicly without permission. “
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