Authenticate a "fan art card"?
Summary: ericodapro faced an issue with eBay's requirement to authenticate a fan art card they sold, which is a custom replica of a Bandai card. They argued that their product, clearly not an official Bandai item, was being miscategorized. Several participants emphasized eBay's rules against selling replicas, pointing out potential copyright infringement. ericodapro claimed the community gave incorrect advice, citing a chat with eBay Customer Service where they were assured that the item would still be sent to the buyer despite being miscategorized. The discussion highlighted differences in opinions about policy understanding and the legality of selling fan art items.
I sold a fan art card (a custom replica of a Bandai card) of which the buyer is fully aware of but because it is a pricey card ebay is requiring me to send for authentication. This makes zero sense and will ofcourse not pass as a real Bandai card. How to navigate this issue?
tobaccocardyahoo
·1 week agoThere is little gray area.
Most FanArt is an IP infringement.
Enforcement of IP rights is the responsibility of the IP owner.
Ebay takes action to prevent being pulled into any IP dispute. Many FanArt creators find their creations are not going to be allowed on Ebay.
If an Ebay authenticator called such a piece authentic. Ebay could be a deep pockets to be included in any IP infringement lawsuit.
No interpretations of the law, or weasel words in the listing are going to change Ebay's action when called upon to authenticate an IP infringing product.
ericodapro
OP1 week agoI agree with you but the issue is that my card was sent to AG in error. As per ebays own policy that states fan art cards do not qualify for AG. The only reason it was required was because of the sale price triggered it
tobaccocardyahoo
·1 week agoIn most likelihood, the category was a cause as well as the price.
fabrics24
·1 week agoI'm not going to get into what is lawful vs what is right, but Ebay is not a good platform for this. There's too much legal gray area for eBay to want to get involved, so they're likely to take Bandai's side.
It's very much the wild west out there, because while selling fanworks can be a copyright violation, there are a great number of IP holders that allow usage for any number of reasons. Bandai, however, is not one of them.
If you're planning to distribute derivative and transformative fanworks, look into card shops and conventions. Learn up on your IP holders as well; some artists have special permission to distribute their fan works that is not passed onto those who come into possession of their pieces.
grann-4629
·1 week agoIn this case, eBay is the law ... their venue and their rules. All we have to do is abide by them.
pickapaper
·1 week agoDon't know if OP took his listings down or if eBay did, but all his listings are gone now.
kensgiftshop
·1 week agoJust looked at the listing and it was gone, so apparently, Ebay doesn't agree with you or CS.
toomuchstuffagain35
·1 week agoWaits for the inevitable a few days from now.
krazzykats
·1 week agoDoes Creating Fan Art Violate Copyright Law – The Legal Guide
muddylas
·1 week agoFan art is only fan art until you put a price on it and sell it. Then it is called "counterfeit".
ericodapro
OP1 week agoNever said my card was a Bandai product, again a counterfeit would be presented as an original Bandai product. You truly do not understand. And Reddit for your legal advice is a really bad idea. Glu3Trap's own disclaimer matters: they're presenting these as parody/art pieces rather than official franchise merchandise. Last time I will repeat myself. Counterfeit money looks like real money, using your logic monopoly money is also counterfeit money and illegal to own. You do understand Monopoly money isnt counterfeit money right?
gone.c-33
·1 week agoGlue trap’s disclaimer doesn’t appear anywhere in YOUR listing, not that it would stand up to a DMCA takedown. Bandai is very protective of the One Piece IP.
janet9988
·1 week agoericodapro
OP1 week agoPoint out any character, logo or board design that is copied on my card. Lets start there.
gone.c-33
·1 week agoThe listing has been pulled since, but the likeliness of Boa Hancock was copied, and you used the name “One Piece” to advertise an item that isn’t licensed by One Piece.
One could also argue about the unlicensed use of the Marlboro logo font/colors.
ericodapro
OP1 week agoIssue resolved. Here is my chat with CS:
Hi, this is Makkela with eBay Authenticity, what can I resolve for you today?
You:I sold a custom fan-art trading card that eBay automatically routed through Authenticity Guarantee. It is not an official Bandai One Piece card and was not advertised as one. It is a Glu3Trap custom/fan-art 1/1 card in a decorative holder. I already purchased the eBay shipping label but have NOT shipped the item. I need to know whether I should send it to the authenticator or whether the Authenticity Guarantee requirement can be removed from this transaction.
eBay Assistant:I understand, If you send it to authenticity it will likely be declared a miscategorization. this means it will not be authenticated but will still ship forward to the buyer.
eBay Assistant:Does that make sense?
You:Thank you. Just to confirm, if I ship this custom fan-art card to the authentication center using the label eBay provided, and they determine it is a miscategorization, it will still be forwarded to my buyer and the sale will complete normally, correct?
eBay Assistant:yes
You:then I will send it to them thank yoiu
eBay Assistant:You are welcome. It was a pleasure assisting you, thank you for being a part of the eBay family, have a great rest of your day.
You:wait
You:Is there anything I need to change or do on my end before shipping, or should I simply use the label eBay already provided and send the card as-is?
eBay Assistant:use the label eBay already provided and send the card as-is
You:ok thank you so much
eBay Assistant:You can add a note if you would like but this happens so its not unusual.
You:thats what i needed to hear thank you
eBay Assistant:absolutely.
Just wanted to add that if I listened to the community they said I was breaking policy and should be banned permanently. I really dont see how that is helpful and if you are not familiar with the policies please dont provide non sense and simply accept you do not know.
kensgiftshop
·1 week agoYou'll find out that CS will tell you anything you want to hear.
They are very well known for not giving good information.
ericodapro
OP1 week ago · EditedAlways keep a copy of the chat transcript which clearly shows the CS rep instructed me what to do and was told multiple times exactly what my card was so there wasnt any question. It isnt an official Bandai product. The rep even stated that this issue isnt unusual so it probably happens alot. Honestly, what worries me most is the horrendous reviews the AG has for wait times. Seriously
kensgiftshop
·1 week agoMost of the phone reps are not employed by Ebay.
Where they are from, counterfeit items don't mean much and just because they say its ok, doesn't mean it's ok to do.
gone.c-33
·1 week agoYou sold an unlicensed card. Once it gets to PSA, it well certainly get rejected. You do not have permission to make money off One Piece, the listing might even get pulled and you’ll get a policy violation.
Phone customer service is about as useful as AI.
albertabrightalberta
·1 week agoMy opinion is that you got bad information from CS. (I am not at all surprised because we've said it ad nauseum that you're more apt to get accurate advice here (in the community) than you will from an off-shore contract phone customer service person.)
Please let us know what happens when the authenticator dings your account.
ericodapro
OP1 week ago · EditedOne of the lovely community members here reported the card and it was removed however, the card was already sold and the sale is finalized and no funds were held. I spoke to another CS rep on the phone concerning the removal and the rep cancelled the shipping label I already purchased and refunded it to me. She then instructed me to ship the card directly to the buyer and bypass AG completely and just provide a tracking number. I asked if any negative mark would be put on me for doing this and she said no. She also reminded me that our convo was recorded and I could use it as proof that I was told to do this.
Remember ebays own policy states that art cards are not eligible for AG and the trigger was in error.
kensgiftshop
·1 week agoHow would you ship it straight to the buyer, you don't have their address.
ericodapro
OP1 week agoI contacted the buyer and explained the situation and he gave me his address.
kensgiftshop
·1 week agoHave you already received the money for it?
ericodapro
OP1 week agoyes its in my bank and no holds, but why wouldnt they pay me?
pickapaper
·1 week ago"I really dont know why I even tried to ask the community, they always redirect the issue, throw you under the bus and give horrible advise and just seem like they want to find any thing to be negative about you."
The people who post here are volunteer buyers and sellers, most with years of knowledge and experience. When you ask a question, most of the time the replies will be helpful advice. You are also going to get replies that are not helpful or that you don't like or agree with, which you are free to take or disregard.
In this instance, you have been given answers and opinions, which apparently you didn't like. Perhaps it would be better for you to contact eBay's customer service to see if they will give you better answers. (But I wouldn't count on it.)
ericodapro
OP1 week ago · EditedVery observant of you, and why didnt I like the answers? Because they were completely incorrect and untrue. What is to like about that? And CS helped me very much which also means you were wrong as well. Which part am I supposed to like with every single reply on this post? Can you show me a single comment that was true?
pickapaper
·1 week agoI'm glad you got the answer you wanted from CS. I hope it all works out for you. All the best to you.
ericodapro
OP1 week agoThank you, I do feel better knowing Im following policy and doing things correctly
gone.c-33
·1 week agoYou didn’t like our answers vs. customer service’s because theirs means you’ll make +\- $375 while ours says you’ll lose.
Why don’t you contact PSA directly and ask them how they and Bandai feel about fake “fan art” cards?
ericodapro
OP1 week agoActual counterfeiting of One Piece cards is a real problem and Bandai goes after these people aggressively. Bandai would seriously go after Glu3Trap if they thought any counterfeiting was going on and they are not.
ericodapro
OP1 week agoHere is another thing we as sellers are forced to deal with. Take a look at the Yelp reviews for the AG we are sending our expensive product to, would you feel comfortable doing this?
https://www.yelp.com/biz/collectors-universe-santa-ana-2
ericodapro
OP1 week ago · EditedAnyways, for anyone that encounters this problem I just found out some useful information. I really dont know why I even tried to ask the community, they always redirect the issue, throw you under the bus and give horrible advise and just seem like they want to find any thing to be negative about you. Ebay actually does recognize art cards and this is what their policy states: eBay's Trading Card Authenticity Guarantee terms specifically list “Art cards” as not eligible. and it was the the automated category/price trigger that has produced a bad result.
It is an actual problem not with the product or any policy violation but the sold price!
1st thing in the morning I will contact CS and this is what I will say: "I created the shipping label, but I have NOT given the package to the carrier yet. This is a Glu3Trap custom art card, not an official Bandai trading card and not represented as one. The slab-style holder is Glu3Trap packaging, not a grading-company slab. eBay's Authenticity Guarantee eligibility rules state that art cards are not eligible. Can you remove Authenticity Guarantee from this transaction so I can ship the card directly to the buyer without canceling the sale?" and we will see how that goes and follow up after
gurlcat
·1 week agoI'm just wondering why you didn't consider this before it sold. Did you not see the AG banner at the top of the listing, or know the eligibility dollar amount on cards?
ericodapro
OP1 week agoCan we now get back on track and address my issue? Thank you
ericodapro
OP1 week agoOk youre over reacting, calm down and be reasonable. There are counterfeits and fan art replicas or sometimes called homages. The difference is Counterfeit: Copies another company's product and falsely uses its brand name, logo, trademarks, or identifying marks to make it appear genuine.
Homage: Deliberately resembles the design or style of another product, but uses its own brand identity and doesn't claim to be the original.
Do you understand what the difference is? If not Ill try to be more clear.
bdmh-enterprises
·1 week agoMaking "fan art" is fine, selling it is not. You also have "falsely used the brand name" multiple times in your listing.
Let me be clear: you can NOT sell unlicensed products on any regulated marketplace. Your listing violated eBay policy. That "card" is an absolute mess of copyright violations.
To address your actual question, your option is to cancel the sale for 'out of stock' and don't attempt to relist it here. If you send it to AG, it will, at best, be returned to you with a NAD defect.
ericodapro
OP1 week agowrong
ericodapro
OP1 week agoWhat "art cards" is ebay talking about specifically in their policy then?
chapeau-noir
·1 week agoAnatomy...
albertabrightalberta
·1 week ago@ericodapro
You violated ebay policy (and the law) in listing a counterfeit item.
There's no "navigating the issue" because you didn't read the rules and abide by policy.
ericodapro
OP1 week ago · EditedIll show you an example of a counterfeit and a homage. The fake is trying to fool you into thinking its a genuine Rolex, 100% breaking policy. The homage on the bottom photo looks like a Rolex but it is not claiming it is a genuine Rolex 100% not breaking policy
grann-4629
·1 week agoDamn! The one I bough says 'Rilex' on the dial. Did I get scammed?
krazzykats
·1 week agoReplicas aren’t allowed, and you can’t make “custom” copies and sell them.
That’s called copyright infringement.
ericodapro
OP1 week ago · Editedabsolutely incorrect, its done on almost everything you can think of from clothing to watches to comics etc.
Another example which is more along the lines of my actual issue.
Can I draw a image of a dollar bill but use my image and change the denomination to $6 and write "this is NOT legal tender" on it and try to sell it on ebay? Would that be breaking policy? Because that is exactly what Im talking about with my item. The $6 bill is a "custom" replica of US currency just like my card in question is a custom Bandai art card.
grann-4629
·1 week agoAnyone remember these?
kensgiftshop
·1 week agoJust because it's done, doesn't make it legal to do.
bdmh-enterprises
·1 week agoMoney is not copyrighted, nor is anything on it considered the IP of any entity. Your "card" however contains many elements that are. You also literally called it a 'One Piece [ ] Trading Card' in the title..
soh.maryl
·1 week agoIt may be "done on almost everything you can think of from clothing to watches to comics etc." Yes, but eBay does not allow replicas, copies, counterfeits etc. Your card is a custom Bandai art card. Hope you will return and let us know how this works out for you.
grann-4629
·1 week ago · Edited@krazzykats I have bought a few replica coins on eBay that were clearly labeled as replicas in the listing, so I have to disagree with you.