eBay

1111vintage · ‎04-19-2022

Hello Ebay Sellers! I have some photos taken at concerts of rock stars . They were taken back in the day when you were allowed to bring cameras to shows. My question is are these sellable or could this get me in trouble? Thank you for your input and advice.

richardwillardcollection · ‎04-19-2022

The only trouble I can think of is selling them too cheap.

krazzykats · ‎04-19-2022

Any use of an identifiable person for commercial gain (except for editorial/news use) is probably not allowed without a model release.

Merchandising or using any image or likeness of anyone without a model release and a license is illegal.

KrazzyKats • Volunteer Community Member • Buyer/Seller since 1998

argon38 · ‎04-19-2022

The relevant policy is here:

https://www.ebay.com/help/policies/prohibited-restricted-items/faces-names-signatures-policy?id=4291

"Sellers aren't allowed to list an item that has an image (such as a photo), likeness (such as a drawing), name, or signature of another person on it unless the product was made or authorized by that person."

"Not allowed - A key chain with an unauthorized picture of a rock star on it (even if the seller took the picture at a concert)"

maxine*j · ‎04-19-2022

@argon38 wrote:
The relevant policy is here:

https://www.ebay.com/help/policies/prohibited-restricted-items/faces-names-signatures-policy?id=4291

"Sellers aren't allowed to list an item that has an image (such as a photo), likeness (such as a drawing), name, or signature of another person on it unless the product was made or authorized by that person."

"Not allowed - A key chain with an unauthorized picture of a rock star on it (even if the seller took the picture at a concert)"

But OP is not asking about using the photographs to make images to put on merchandise, such as keychains or mugs or tee-shirts. That would be an unauthorize use of the image.

Instead, OP is talking about selling the photographs themselves, which I believe s/he has the right to do, since photographing the performers was allowed at the time.

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krazzykats · ‎04-19-2022

Can You Draw a Celebrity and Sell It?

KrazzyKats • Volunteer Community Member • Buyer/Seller since 1998

argon38 · ‎04-20-2022

@maxine*j wrote:
But OP is not asking about using the photographs to make images to put on merchandise, such as keychains or mugs or tee-shirts. That would be an unauthorize use of the image.

Instead, OP is talking about selling the photographs themselves, which I believe s/he has the right to do, since photographing the performers was allowed at the time.

I suppose it all depends upon how eBay interprets its own policy: "Sellers aren't allowed to list an item that has an image (such as a photo) ..."

You're pointing out that there's a distinction between listing the photo itself, and listing an "item that has" the photo. My concern would be that while this argument might convince a judge, it may not convince the bored eBay employee who has taken down the listing. The questioner wants to be assured that they won't get into trouble. I think this policy does have the potential to get them into trouble (even if strictly, perhaps, it shouldn't).

maxine*j · ‎04-20-2022

I know that just because others do it, doesn't measn it's okay, but:

There are thousands of such photographs listed on eBay. There are sellers who each have thousands of feedback for selling just such photos -- taken by both amateurs and professionals at rock concerts, back in the day when that was okay with everyone.

This would seem to be because of the "grey areas" that such photos fall into, when there are not multiple copies made. when the images are not used for other mechandising or advertising, when taking them was not prohibited at the venue, and so on. Fairly thoughtful commentary here:

https://www.stevencarlsonphotography.com/blog/2017/8/9/on-the-legal-issues-of-selling-concert-photog...

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argon38 · ‎04-20-2022

@maxine*j wrote:
There are thousands of such photographs listed on eBay. There are sellers who each have thousands of feedback for selling just such photos -- taken by both amateurs and professionals at rock concerts, back in the day when that was okay with everyone.

It's possible that the artists involved simply aren't bothering to enforce their rights. If a VeRO complaint were made, would eBay enforce it or say "no, these listings are allowed?" That's what I'm not clear about. I can see that selling the photo itself might not constitute commercial use, but I feel that legal considerations are secondary here. What really matters is whether the listing breaches eBay's stated ban (which may be broader than the law).

biggymoe · ‎04-20-2022

Several great responses above including links to policies.

Since there are currently 1000's of such photos listed, personally, I would rock on and list them.

evry1nositswindy · ‎04-20-2022

I sold a group of Elvis photos a few months back. I didn't take them, but they were stamped by the gentleman who did. I didn't have any issues with eBay.

evry1nositswindy • seller since 2013
Volunteer Community Mentor

maxine*j · ‎04-20-2022

@argon38 wrote:
... What really matters is whether the listing breaches eBay's stated ban (which may be broader than the law).

Agreed. And my personal take on it, is that it does not violate policy. I base that on what I know of intellectual property law in the States, on the way I read the eBay policy, and on the fact that there are so many such photos listed and sold, including from a couple of sellers who sell little else and have done for many years.

But, obviously, the final decision rests with OP.

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