12-28-2023 05:00 AM - edited 12-28-2023 05:02 AM
Got this email from ebay the other day
Your listing was reported by the rights owner listed below because it is infringing their right of publicity. To sell this product you must first get authorization from the rights owner to use their name, likeness, or persona in this product."
There are over 1,000 Bill Wither's vinyl records including the two that I had, but mine are not allowed?
Typical Ebay nonsense.
12-28-2023 05:04 AM
Yours got reported, that is why it got taken down.
Just like 50 people may speed but only the ones the officer sees gets stopped
12-28-2023 05:28 AM
Are you going to challenge it? In some circumstances, the First Amendment can limit the Rights of Publicity. Not a lawyer but i do not see how listing a non-boot-legged record violates this law. Below is a link to legal discussion on the issue, if interested. Good luck if you challenge the VERO.
(That said, i still would not relist these items. Too risky to one’s selling privileges.)
12-28-2023 05:33 AM
There are over 1,000 Bill Wither's vinyl records including the two that I had, but mine are not allowed?
Typical Ebay nonsense.
We would need to know what you listed, how you listed it, and what category you listed it in.
12-28-2023 05:55 AM
Really?...................It's listed the same as my other 5000 listings...........Thanks
12-28-2023 06:07 AM
@shigbig wrote:Got this email from ebay the other day
"We had to remove your listing because it didn’t follow our VeRO Right of Publicity Policy. Infringing on rights of publicity is not allowed
There are over 1,000 Bill Wither's vinyl records including the two that I had, but mine are not allowed?
You are probably correct that you did not violate the right of publicity (though you should check with a lawyer). Ebay acts on VeRo complaints to protect Ebay, and avoid tying its lawyers up with seller rights owner disputes.
You can appeal, and risk legal fees.
Many artists do not want their recordings sold on Ebay or Amazon. Do not want their used recordings sold.
Michelle Shocked has done a great job of preventing her recordings from being sold on sites she detests.
Most of us cave in since we are not as obsessed with this issue as these artists are.
It ain't fair. Ain't it awful. But some people are just mean.