Copy right issue

[9186yvonne]

I am a seller and a buyer that also sells on ebay contacted me stating an item I had posted was a copy right issues because it was not original. He said to immediately take it down or write in bold letters this is not a original. If not he would contact ebay about royalties.

But I looked up the item in the internet and see many other sites that have that same album made in Greece.

This is the buyers comments:

jblachley

Tihis album is a counterfiet ( bootleg ) from Greece. Mark Records / AsstroMark Music never produced such an album . It is a copyright violation.
I, Jon Blachey am the owner of Mark Records( Mark Lee died in 20212 ) and was co-founder of the label in 1966. All our legitimate records are on Mark Records or Eva Records( in europe ). If you will mark your ad in large letters that this is an unauthorized copy or remove the ad from eBay, I will pursue it no further. Otherwise, I will contact eBay about royality payments.
You may contact me through Dallaslivetonight.com , our current website . Information regarding myself and the band's discography can be easily located Dallaslivetonight ot Wikipedia.

Jon D. Blachley
Dallas, TX

*** My question is I cannot find this man's name any where in the internet. I took the item down. But now I am not sure if he is right? How can I verify his information? Should I relist item? Others have this item in Ebay and other sites. Please help.

[bashort]

Just because it is being sold elsewhere does not mean anything, other than that I do not know what to tell you,.

Does the website mentioned appear to be the official home of the music?

Is this available from the website mentioned? 

One thing that does seem odd is the offer to let you mark it "not original" , not normal for a copyright owner to say that about a counterfeit which I would not do because that is a clear violation of ebay policy

[ckimodog]

@9186yvonne 

Sorry for your situation.  However just because it's being offered on other sites, doesn't make it right.  Those people who are listing just haven't been caught yet.  My suggestion is not to relist it as it could jeopardize your account permanently.   Hang in there.

Happy Selling

[girlydisturbed1]

If you really wanted to sell it, but want to.be fair,  regardless if you know if he's right or not, offer to split what it sells for or something?  Or ask him what percentage he'd be willing to accept? Just a thought! Good luck 👍

[slippinjimmy]

@9186yvonne 

Who is the artist? Which album? What Label is it on?

I have some comments I would offer but I won't do that blindly.

FYI - It took me less than 30 seconds to find a lot of info on Jon D. Blachley and his connection with a Texas band from the 60's (something that the Eva label specializes in).

[simba6]

They would have to first become a VERO member. Then eBay would take it down.

[9186yvonne]

Thanks everyone to be on the safe side,  I took it down.

[slippinjimmy]

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@simba6 wrote:

They would have to first become a VERO member. Then eBay would take it down.

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FALSE!!!

Anyone can claim to control the copyright of Intellectual Property, all they need to do is complete a Notice Of Copyright Infringement (NOCI) and submit it to eBay. In turn eBay will remove the allegedly infringing listing.

There are advantages to officially joining the Vero Program, the primary one it that you can file thousands of claims electronically in one giant batch.

If eBay does not act when a NOCI is presented to them they will lose the "safe harbour" provisions provided by the Digital Millennium Copyright Act (DMCA) and would be equally liable for the infringement.

The entire purpose of the Vero program is to protect eBay from liability. Copyright holders won't make a big effort to enforce their rights against a small time seller in court on the other hand eBay provides the potential for massive payouts and they need the safe harbour to apply and therefore respond near instantly so as to maintain those protections.

[slippinjimmy]

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@simba6 wrote:

They would have to first become a VERO member. Then eBay would take it down.

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It would be helpful to other sellers if you would identify the offending item.

[tobaccocardyahoo]

I suspect this is a bootleg.

I also suspect that you received a letter from someone who is not very knowledgeable about copyright law, and trying to be nice while protecting his rights.

I would take the item down and apologize or at least take it down.

He could get some advice, and engage a IP protection firm which would sue you and anyone else selling the bootleg for infringement. They have templates and could include all of you on one lawsuit. It would cost filing fees, and service fees. You would then have to negotiate a settlement of a case you would lose, or respond to the suit.

The settlements would definitely cover the costs. No reason to apply for Vero. There are plenty of companies out there who would handle this task for a piece of the settlements.

I once listed a bootleg on Amazon some years ago. I will never list a bootleg anywhere again.

[soh.maryl]

The OP has already taken the item down.