Seller needs guidance with copyright policies

[vinniemac76]

Hello,

First time posting for help, so please forgive me if its "clunky".

I began selling in eBay at the end of sept. I am an art studio that does models for tabletop wargames, specifically the Warhammer40k game. The majority of the completed and painted models I sell are from the GamesWorkshop brand line (owners of warhammer). However, some are not.

On oct 28 I was hit with a VeRO strike. Though I dont agree with their interruption of copy right fair use for compatible with/comparison to, I'm not doing this to fight battles, Im doing this to sell my art.

That particular listing had already been sold and delivered. I should also add that as far as I know (via ebay), I've had no complaints from buyers. Everything that has occurred since oct 28 appears to be eBay acting off the brand owners single VeRO strike.

Since then I have been hit with 8 more counterfeit pulls. 1 was especially egregious for it was a brand model bought on eBay. Ebay was provided the receipt (their own) from the purchase multiple times. Every manager I speak with, we eventually get to "youre right about this listing. Thats a false pull. Will be corrected." Then its not.

Further more, I have been hit 6 more times since my initial successful (yet not) appeal. At least 5 of them are claims (according to ebay reps) that its a copy of an IP character. When asked which character (because I know it doesnt exist in the brand), I get no answer and my appeals are denied.

Letter of pass-thru licensure from a copyright holder of another model (claimed as CR by the first brand, GW) also has no effect. Even when close up pic of the copyright info on the packaging,  makes no difference.

I pleaded my case 1 last time yesterday. Today I was "dumped" appeal denied emails on all of them simultaneously. Im at my whits end. I am an LLC in Indiana. There's issues of "defamation per se" ( a manager admitted the genuine model that was pulled but genuine was a mistake. Yet it remains as "counterfeit") and "torturous interference of contract". Multiple of my pulled listings had multiple watchers. Also, since oct 28 my visibility has dropped by nearly 80%. Ebay has repeatedly claimed they had nothing to do with that, then in the next breath try to pass me off to the "ad team", I assume to generate additional fees on my account.

Is there an email address we can send listing to be previewed for problems? I cant keep buying inventory on ebay, investing labor and resources into it to make ir finiahed art work, just to turn around and discover the model is now unsellable on the same platform where I purchased it recently. Im avoiding all VeRO strikable words and phrases, despite compatibly fair use law and ebay rules, and still getting "hit". Any advice is greatly appreciated.

[aproudparent2010]

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@vinniemac76 wrote:

Ty! When I checked a listing's item specifics tabs, I see how that entry as shown can trigger a response. Ebay really should clarify that selecting those suggestions is the same as using a brand name. After much hand wringing, I have gone ahead and listed my latest non-brand work. I've used no brand words/phrases, and have not selected the brands game under specifics. The item is so clearly different from any of the brands IP characters or models, a VeRO claim should be rejected on it's face. Fingers crossed and thanks for the help.

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Uh that commission services listing you have is not allowed. You need to take it down quickly before eBay remove sit and gives you a violation.

[vinniemac76]

Thank you for that. However, every studio (in my industry) on eBay dees the same. I have checked many of them, and used a similar template. It appears as long as your crystal clear that all sales will be through eBay, and not outside sales discussion even allowed, I should be good. Fingers crossed. However, after over 22 hours of phone calls,  IDK how many contacts through messages and emails, I have finally received some answers as to why this is occuring. Having that info (finally!) I can finally address the source of all my problems. Hopefully all will be resolved in the next few days. I wish I could give some specifics, but I have learned for myself why we're all so reluctant to talk about this. I wish I could share what I've learned,  but I can not. I've had enough of these "shenanigans", and not trying to create new ones. 

[stupidamericanprinting]

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@luckythewinner wrote:

From the eBay user agreement: 

"We reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion"

When it comes to a VERO takedown, the resolution is between you and the VERO member - not between you and eBay.

eBay has no incentive to override a VERO takedown because it opens them up to liability for any infringement. 

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if it’s A.I. and it’s wrong and eBay allows it they are liable for harassment, lost time, money, and mental anguish/suffering/stress