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"Intellectual property right infringement" in Card/Sticker auction (listing removed)
03-09-2012, 02:11 PM
Post: #1
"Intellectual property right infringement" in Card/Sticker auction (listing removed)
Greetings All! Still a good hobby/card related topic here, so I hope this is OK to discuss as it might affect other collectors. As many of you know, I buy/sell a ton of hard to find, local/int'l items of cards/stickers of mainly basketball...but other sports as well. Well, an item I was recently bidding on was cancelled. The seller emailed me information as to why the auction was cancelled, and this is the edited version of what he/I have received. Very interesting read, I know long, but would like comments from everyone on this. Any lawyers out there that know about this stuff to enlighten us more?

(The item in question was from an International Supersports Sticker collection.)

"
Your listing has been removed.
Your item was removed because of a request we received from Barry Rosen, a member of our Verified Rights Owner Program (VeRO), asking us to remove the item for:
- Item(s) infringes copyrights (for example, a bootleg recording of a live performance, a pirated copy of media such as software or movies, or an unlawful copy of copyrighted works such as text, paintings, or sculptures).
If you have additional questions or concerns on why your item was removed, please contact (name removed) directly at: (link removed)
The rights owner or an agent authorized to act on behalf of the rights owner, (name), 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.
Only copyright owners can copy, distribute, perform, or publicly display their work. Unauthorized copies include (but aren't limited to) backup, pirated, duplicated, or bootlegged copies.
Because the item in your listing was reported by the rights owner as being an unauthorized copy, you're not allowed to relist, advertise, or offer it for sale on any eBay site or service around the world.
Here's more information on our policy: (link)
And you can learn more about copyrights here: (link)
You may need to take a tutorial. If it's required, you may be asked to take it the next time you sell. Once you've completed the tutorial successfully, please review your account status for any other possible concerns. If there are no other issues, you should be able to sell again.
To take the intellectual property tutorial, please visit: (link)
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: (link)
For more information on why eBay may remove a listing, please visit: (link)
(blah blah blah).
-----------------------------------------------------------------------------------------------------------
Also information from one of the links states the following:"
BR Copyright page

Who Am I?
I am a photographer who photographs some of the top female celebrities and models. I also act as the intellectual property agent for a number of celebrities to remove items that have not been authorized for sale, are copyright infringements, or contain fake autographs.

Why Has My Auction Been Removed?
If your auction was removed it was for one of a following reasons.

1) you were selling an item featuring (or containing) one or more of my copyrighted photos. If the auction was for an issue of a magazine, it contained a photo scanned from the inside of the Magazine

2) you were selling an unauthorized item featuring a celebrity that I represent.

3) you were selling an item featuring a fake autograph from a celebrity that I represent.

4) you were selling an item that violated a copyright owned by a celebrity that I represent.

If you item was a CD-Rom featuring pictures, it may have been removed for multiple reasons listed above. Additionally, if you are the typical infringer and have compliled your CD from images that you may have found on websites, please be aware that the arument that you found the images in the public domain does not hold any water. Any audiovisual works (photos, movies, television, songs, books, etc.) created since 1978 are automatically copyrighted upon their creation and will not begin to become public domain until close to the end of this century or longer.

I recieve far too many emails to respond back to most of them, so do not be surprised if you fail to get a response back from me. That is why I created this page.

A final word of warning: if you are thinking of relisting your auction, it will be removed and your account may suspended by eBay. As of March 26th 2007, if you are reading this page becase you have recieved a vero notice, you will likely be hearing from my attorney's in the very near future about payment for your copyright infringement(s). Please be advised that the penalties can be up to $150,000 per copyright infringment if the matter should take you to federal court.

-----------------------------------------------------------------------------------------------------------

RESPONSE FROM BRCOPYRIGHT:"
In the first instance, no one has ever approached me about licensing the image for a trading card. Thus, the use of my photo for such and item is fully unauthorized and is therefore a copyright infringement. Secondarily, scanning anything to put on eBay (or elsewhere on the internet) is making a copy (reproduction) and is also a copyright infringement. In order the resale any item involving photos, you must first know that it was indeed authorized (licensed). Then you also must know specifically if you are authorized to make a copy of it. Otherwise, even if it is and authorized item, you can only display it to viewers at the place where the item is located. Furthermore, if you are operating an ongoing business (such as yours) where you fail to take steps to make certain that you have complied with the law, you can be held liable as a willful copyright infringer for up to $150,000 per image.

This email is not intended to be a complete Statement of my position or the applicable facts and law. Nothing herein shall be construed as a waiver of any of my rights and remedies, all of which are expressly reserved.

Collect Michael Jordan, Stockton/Malone/Hornacek/Eaton, Kresimir Cosic, Int'l oddballs
I specialize in hard to find oddities for player/team collectors
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03-09-2012, 02:24 PM
Post: #2
RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
wow copyright laws are getting out of control, since when can't we take a picture of something we own.

In the process of moving and starting a new job, will be back to trading once I get the rest of my finances in order. Should be Mid summer. I'll still be a round a little to chat Smile
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03-09-2012, 02:31 PM
Post: #3
RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
Sounds like somebody has got their panties in a bunch.

Players I Collect:

[Image: NewBanner_zps183e3df7.jpg][/URL]

Henderson Auto PC Stats:
Non 1/1's Autos: 122/145 84.1%
1/1's: 12/29 41.4%
Jersey #'d - 26
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03-09-2012, 05:32 PM
Post: #4
RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
I am not on the side of the person stating that copy right laws were violated.

Was the card/sticker a licensed product? i.e. Panini or some other company? If it was, then, they are the ones that violated copy rights... not the seller.

I am curious to what card/sticker it was? How was the player? How did this copy right guy get involved, does he actually represent the sports player?

I remember my photobucket account being closed for copy right violations when I first opened an account in 2007.. I complained & they reopened it... since every sports collectors has the cards they own scanned & uploaded for sharing..

anyways, this is a sad story.. remember all those unlicensed cards were sold in the early 90's?? I used to have a bunch of MJ's & Ken Griffey Jr cards... ended up trading them all away, when I realized in 94 that they are not worth too much, because they are not licensed...

NEED: SPA 08-09 "CITY NAME LETTERS" G, E, S 1/1 & /3 *ALL LAKAERS
NEED: ELITE BLACK BOX LAKERS AUTOS (KAREEM/10 & BAYLOR/24)
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*United States Navy*
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03-09-2012, 05:47 PM
Post: #5
Star RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
Subscribed to this thread! 5 Stars!

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I will miss you bbills1999
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03-09-2012, 09:35 PM
Post: #6
RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
By Copy and pasting his Email did you Violate his Copyrights??? LOL Dude is a HARDOOOOOOOO

[Image: ZsFkX.png]

TRADERS NOTE: I KEEP MY CARDS AT THE DEFAULT RATING IF YOUR MARK YOUR CARDS MINT I WILL TRADE MY CARDS AT THE MINT RATING AS WELL. UNLESS NOTED OTHERWISE.
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03-13-2012, 10:07 AM
Post: #7
RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
(03-09-2012 09:35 PM)bbills1999 Wrote:  By Copy and pasting his Email did you Violate his Copyrights??? LOL Dude is a HARDOOOOOOOO

Ah crap...maybe I did...lol. But seriously, if this is the case, every photo we take of our cards, magazines, memorabilia, is violating copywright laws because it shows the NBA logo without permission, team logos, the photo in general...
and are we not using it for commercial gain?
Watching a tv documentary, you always see the Apple logo fuzzed out from the laptops, the Pepsi cans blurred out or wrapped with a "cola" lable...
But seriously...do we need to start editing our photos for selling cards? Isn't eBay encouraging us to take more detailed photos of the products we sell?? I just don't get it...someone gets the smack-down because they took a photo of a product that has a photo on it that a guy took? Someone with way too much time on his hands apparently...

Collect Michael Jordan, Stockton/Malone/Hornacek/Eaton, Kresimir Cosic, Int'l oddballs
I specialize in hard to find oddities for player/team collectors
eBay Geonut (0000+ auctions)
Photobucket http://s424.photobucket.com/user/odditycards/library
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03-13-2012, 10:11 AM
Post: #8
RE: "Intellectual property right infringement" in Card/Sticker auction (listing removed)
Maybe this is the opportunity for us to go back to trading, buying and selling our cards in-person. I know it is impossible to go back and never use the technology we have today. Some people are just hard on others when it comes to their rights. Wink

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