Protecting Intellectual Property Rights??
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10-14-2018 08:50 AM
I have a friend who is a very accomplished artist. His work has been shown in galleries in New York and Massachusetts. He began selling some of his work on eBay a few years ago, and much to his chagrin, he discovered that other people were making bad copies of his work and selling the copies on eBay. Some of the copies even still showed his signature! He complained to eBay, but he said they told him they could do nothing about it. I was floored to hear this! I said, if you file a complaint, and eBay does nothing about it, and they make money off of these copies, that makes eBay complicit in the intellectual property right infringment. I could not believe eBay would not be all over this sort of thing like white on rice.
I also heard of a similar infrigement. There is a seller on eBay that makes inexpensive jewellery using photos. A buyer asked if the seller could make a piece for them using their own personal photo, and the seller said, yes, send me the photo, and I will make the piece for you. Photo was sent; custom product was made; buyer purchased the custom made product. Later, buyer discovered the seller had continued to use the buyer's very private and personal photo to make more jewellery to sell on eBay. The buyer complained to eBay and was told nothing could be done about it. Once again, I was appalled to hear that eBay would do nothing. If the buyer alone created the photo and paid someone to make use it for a one off custom piece of jewellery, why would ebay not clobber a seller for continuning to use it? How would anyone at eBay like it if a photo of their child or grandchild or whatever was being prostituted by someone to put money in their pocket?
I am sure if I continue to talk to other eBayers about this, I will learn of other stories, too. Why oh why does almight eBay claim impotence these matters? Does anyone know if a class action suit for this sort of thing has been filed against eBay ever? Something should be done. This should NEVER be tolerated.
Taking credit for someone else's creation is tantamount to copying answers off of another test taker's paper. It is cheating. Anyone caught cheating receives an F and is usually suspended and even expelled, and this pertains to any exam anywhere from grade school through univeristy as well as in entrace tests such as the GMAT, GRE, LSAT, etc., etc. Cheating is simply not tolerated, except perhaps one eBay. I, for one, want honest answers as to why eBay would tolerate this dishonesty. The person(s) who do use someone else's work to make money or for any other reason are just as likely to rob your home or car or anything else if they knew where you lived. They are theives, criminals, plain and simple, and if they robbed your home or vandalised your automobile and police caught them, they would go to JAIL. Ebay does not even have to put in the sort of effort police do to catch the thieves. All eBay has to do is to not let them list anyone on eBay. What is so complicated about stopping intellectual property rights infringment?
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10-14-2018 08:53 AM - edited 10-14-2018 08:55 AM
@j2774 wrote:He complained to eBay, but he said they told him they could do nothing about it.
What is so complicated about stopping intellectual property rights infringment?
There is nothing complicated about it, but your friend must identify the infringing items and report them to eBay using a very specific process. If 'eBay" told him there was nothing they could do, who every he talked to was not gicing very good advice.
Your friend needs to register with the eBay VERO program, and follow their instructions to use a Notice of Claimed Infringement to report those listings.
https://pages.ebay.com/seller-center/listing-and-marketing/verified-rights-owner-program.html
Googling "eBay" and "intellectual property" should have brought back this page as one of the top results. It did for me!
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10-14-2018 08:58 AM
Protecting Intellectual Property Rights??
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10-14-2018 09:28 AM
Protecting Intellectual Property Rights??
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10-14-2018 09:32 AM
Thank you sam9876. : )
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10-14-2018 12:54 PM
Some of these sellers who are infringing on intellectual property rights are actually using images of someone's deceased loved one to sell stuff and put money in their pockets. It is despicable that anyone should do that. There is no excuse for hurting a family that has lost a loved one to disease or accident or whatever.
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10-14-2018 01:27 PM
Yes, VERO helps. You fill a form email them and they would take off those listings (if they are indeed fake) in 2-3 days or so.
The brand I sell is heavily replicated on eBay and eBay is full with fake items of that brand. Too bad eBay isn't doing much about it cause it def brings my sales down, for sure. And I can't vero each and every one, there are thousands of them... Easily spotted (quality and price point).
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10-14-2018 01:51 PM - edited 10-14-2018 01:53 PM
Those encountering this can file as a VERO complaint and Ebay will act. That would be how they protect their rights. Ebay will remove the offending listings.
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10-14-2018 02:08 PM - edited 10-14-2018 02:08 PM
@or_couture wrote:Yes, VERO helps. You fill a form email them and they would take off those listings (if they are indeed fake) in 2-3 days or so.
The brand I sell is heavily replicated on eBay and eBay is full with fake items of that brand. Too bad eBay isn't doing much about it cause it def brings my sales down, for sure. And I can't vero each and every one, there are thousands of them... Easily spotted (quality and price point).
Unless you are the rights holder of that brand, you can't vero them anyway. Your best bet is to contact the rights holder with the information so that they can contact ebay and have those listings taken down.
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10-14-2018 02:20 PM
That is horrible, dadsstock. I have always felt "trust and safety" on eBay is a joke. In fact, I know of one story where police went after an ebay seller who committed identity theft of a buyer. Police tracked down all of the seller's ISP records and phone records and had the selelr dead to right. Ebay claimed they were going to ban the seller but never did. That seller is STILL selling on eBay. It is a disgrace. It is a long story, but more than once I thought about posting it.
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10-14-2018 02:21 PM
Thank you, castlemagicmemories. I have passed along the info. Let us hope they act.
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10-14-2018 02:25 PM
In both cases that I know of (1) the artist's original work was being copied, and sold and (2) a unique photo of a buyer's deceased loved one that was made by the buyer was being used by a seller to make jewellery, there is no doubt that the people involved owned the thing being copied and used. As I said, in the case of the artist, some of the copies actually showed his signature! The criminals never even bothered to remove the artist's signature.
It is my understanding that this sort of thing will NOT be tolerated one bit on another well known website where a lot of handmade items are sold.
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10-14-2018 02:37 PM
“...Does anyone know if a class action suit for this sort of thing has been filed against eBay ever? Something should be done. This should NEVER be tolerated...”
Hi, two things:
First, whoever you talked with was mistaken. Ebay has an infringement policy. If someone violates your intellectual property rights, then you have recourse but one must report it in a specific manner. Here is the link to the policy.
Second, when using the platform, eBayers agree to abide by the User Agreement and all policies. One of the stipulations of the UA pertains to class action lawsuits. Under Legal Disputes, It reads as follows:
“Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND EBAY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND EBAY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING...”
https://www.ebay.com/help/policies/member-behaviour-policies/user-agreement?id=4259
Hope these links help. Best of luck to you.
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10-14-2018 02:44 PM
The user agreement does not prevent anyone from filing a class action suit though. There have been class action suits against eBay. So I am not sure why posters always refer to the UA as if no one can sue eBay. They CAN but it doesn’t mean they will.
One life is all we have to live
Love is all we have to give
**Formerly known as MissJen316**
Protecting Intellectual Property Rights??
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10-14-2018 02:53 PM
Wow, thank you for this, fashunu4eeuh. That seems to me to be an unlawful agreement. To make someone sign away any of their legal right in exchange for using something or renting something, etc. For example, it is a specific violation of statutory law under the propety code in most every state that I am aware that any landlord can ask any tenat to legally sign away their rights under the property code. Such provisions are null and void, and anyone trying to enforce such a provision is liable for punitive damages under the statute.
This is another example of eBay trying to be above the law and be the sole arbiter of its own interests. How many other "legitimate" companies can get away with this? More and more, I want less and less to do with eBay.
