03-09-2012, 03:11 PM
"Intellectual property right infringement" in Card/Sticker auction (listing removed)
"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.
(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
eBay Geonut (100+ auctions)
Int'l/player INVENTORY: http://www.hobbydisplay.com/geonut/
I specialize in hard to find oddities for player/team collectors
eBay Geonut (100+ auctions)
Int'l/player INVENTORY: http://www.hobbydisplay.com/geonut/
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