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Question about recent bizarre ebay OA experience

Started by Real Frantic One,

9 posts in this topic

Real Frantic One

Real Frantic One

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Posted

Hello everyone,

 

I posted this in Comics General, but someone suggested that I post it here as well. Any advice that anyone can offer would be greatly appreciated.

 

Thanks,

Patrick

 

Hello all,

 

I had a very weird ebay situation happen this last week, and any feedback on this will be greatly appreciated. Here's what happened:

 

Last week, I put up an auction for 4 Vampirella pages that I had inked for someone back in the mid-nineties - unfortunately we lost touch and I don't remember his name. These were sample pages that I did for his portfolio and were never published. He couldn't pay me much money at the time, but one of the stipulations of the deal was that he let me keep the originals. Here are the pages:

 

artvampirella1oa.jpg

artvampirella2oa.jpg

artvampirella3oa.jpg

artvampirella4oa.jpg

 

A few days ago, I received this message from ebay:

 

You recently listed the following auction-style listing:

 

220467797928 - 4 VAMPIRELLA ORIGINAL ART SPLASH PAGES UNPUBLISHED NR!!

 

The listing was removed because it violated eBay policy.

 

The rights owner or an agent authorized to act on behalf of the rights owner, Harris Publications, Inc., notified eBay that this listing violates intellectual property rights. When eBay receives a report of this type of violation, we remove the listing to comply with the law.

 

Trademark infringement is unlawful and violates eBay's policies. A trademark is a unique sign (such as a name, word, phrase, logo, or symbol) that a company uses to identify its products and/or services.

 

Using another company's trademark in a way that may confuse buyers about the source of goods or services, or confuses buyers into believing that the seller is affiliated with, sponsored by or endorsed by the trademark owner is both illegal and against eBay's policies. Examples include counterfeits, unauthorized replica items and items that bear the brand or logo of a company without that company's permission.

 

Guideline: If the product you are listing bears the brand or logo of a company, but it wasn't made or authorized by that company, don't sell it on eBay.

 

Using a trademark without the trademark owner's permission infringes trademark law. For this reason, eBay prohibits members listing items which bear a another's trademark but are not authorized by that trademark owner.

 

For more information, please visit the following Help page:

 

http://pages.ebay.com/help/tp/trademark.html

 

 

To take the intellectual property tutorial, please visit:

 

http://pages.ebay.com/help/tutorial/verotutorial/intro.html

 

Please be aware that any additional violations of this policy may result in the suspension of your account. eBay understands that you may be concerned about this situation.We encourage you to contact Harris Publications, Inc. directly if you have any questions.

 

You can send an email to: anarchyebay@yahoo.com

 

For more information on how eBay protects Intellectual Property, or for additional information if you believe that your listing has been removed as a result of an error or misidentification, please visit the following Help page:

 

http://pages.ebay.com/help/tp/programs-vero-ov.html

 

 

For more information on why eBay may remove a listing, please visit:

 

http://pages.ebay.com/help/sell/questions/listing-ended.html

 

Please be assured that your listings have not been targeted in any way. Although there may be similar items currently listed on eBay, we review all listings that are reported to us by eBay members or Verified Rights Owner (VeRO) program participants. We rely on reports from our members to help maintain the safety and security of our Community. We encourage you to report any items by using the REPORT THIS ITEM button on the listing so we can quickly remove any other items that should be removed.

 

Thank you for your understanding.

 

Sincerely,

eBay Trust & Safety team

 

The interesting thing that I noticed about this was the part in the last paragraph stating "...your listings have not been targeted in any way" and "Although there may be similar items currently listed..." BTW, due to this removal, my seller compliance standing has been lowered.

 

As we all know, artists create full illustrations, sketches, recreations, etc. at conventions and on commission all the time using characters owned by various companies because it is considered "fair use" under copyright law. To elaborate further, here is what John Byrne says about this on his website:

 

Are copyrighted characters allowed in commissions?

 

If I asked for a commissioned piece by JB that was a version of a classic X-Men cover, and paid JB for said work, Does this break copyright?

 

JB: Freelancers doing drawings for the fans, and getting paid for them, is a convention of the industry almost as old as the industry itself. Traditionally, it has been considered free advertising, and "fair use". Mostly, for the Companies to try to shut it down would simply be too much trouble. Can you imagine trying to maintain a watchful eye on every convention, in every state, every country? The mind boggles.

 

When the problem rises is in reproduction. A few years back Marvel shut me down when I printed up a few hundred copies of a Fantastic Four miniposter that I intended to sell at a convention, donating the proceeds (proceeds, not profits) to Breast Cancer Research. If you were to order up a recreation of a favorite cover, that would not be a problem. If, however, you (or I, or anyone) sold prints of that recreation, then copyright would be infringed.

 

It's my understanding that this is essentially what happened to Carl Barks. Disney was prepared to look the other way when he was doing duck paintings for paying customers. They clamped down when he started selling prints. (9/9/2006)

 

So, does anyone have any theories as to why there is unpublished Vampirella art by fans, etc. (along with other characters) offered for sale on ebay all the time with no action taken, yet this listing was pulled? Was this because Harris Publications is anal-retentive with the fair use provision? Was it due to this art being sequential in nature, and they are paranoid that someone is doing a comic with the alleged intent to publish (not true, BTW)? Any other thoughts?

 

Thanks,

Patrick

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ShaneTurgeon

ShaneTurgeon

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This recently happened to a well-known movie poster seller as well. Just more of eBay's insane new rules coming to light. Didn't sound like the poster seller got any satisfaction from contacting eBay either. I suspect this will be happening more and more and it'll be interesting to see how this plays out.

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comicartcom

comicartcom

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This recently happened to a well-known movie poster seller as well. Just more of eBay's insane new rules coming to light. Didn't sound like the poster seller got any satisfaction from contacting eBay either. I suspect this will be happening more and more and it'll be interesting to see how this plays out.

 

wow Shane, I guess that means you collect movie posters and are a member of MoPo so you could read Dave's downing of a Tarantula half sheet by Mara Corday

 

anyway.. here is what you do to get the VERO removed:

 

Anyone who gets a VERO takedown from an actress can immediately file a "counternotice" form. Filling this form removes the TKO immediately pending an outcome and gives the VERO complainer 10 business day to file with eBay proof that they have sued you in federal court. If they don't file suit against you, the TKO is lifted, you may re-list the item, and the VERO person who files against you may not file a VERO complaint against you again. Every poster seller should be calling her bluff, as I doubt she would ever spend a nickel to file suit to protect a copyright she does not own. Please tell all these poster sellers to email vero@ebay.com and ask for the counter notice form. Once they fill that out, their bogus TKOs will be lifted.

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ShaneTurgeon

ShaneTurgeon

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wow Shane, I guess that means you collect movie posters and are a member of MoPo so you could read Dave's downing of a Tarantula half sheet by Mara Corday

 

I dabble more than anything. ;) I've been to the MPF forums and occasionally lurk the threads there but I had the story sent to me by a friend who is an active movie poster collector who thought it would interest collectors who use eBay in general.

 

Good to know that there seems to be an outcome available. Sad though, that these lawyers have nothing better to do but troll ebay and harass sellers.

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comicartcom

comicartcom

Posted
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wow Shane, I guess that means you collect movie posters and are a member of MoPo so you could read Dave's downing of a Tarantula half sheet by Mara Corday

 

I dabble more than anything. ;) I've been to the MPF forums and occasionally lurk the threads there but I had the story sent to me by a friend who is an active movie poster collector who thought it would interest collectors who use eBay in general.

 

Good to know that there seems to be an outcome available. Sad though, that these lawyers have nothing better to do but troll ebay and harass sellers.

 

I got ya.. well, I'm the guy who owns movieposterbid.com and am a sponsor at MPF

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