Selling recorded cassettes as blanks

[thx2001]

I have some used cassettes that I wanted to get rid of and noticed that others are selling these 'as blank'.  I decided to sell what I had with the intention that the buyer could record over what's already there. I just got a notice today from ebay that one of my lots was removed under the counterfeit item policy.  I checked and there are still many similar listings still up for sale including the balance of the ones I listed.  Anyone have any insight into this matter? Thanks! 

[a_c_green]

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@thx2001 wrote:

Anyone have any insight into this matter? Thanks! 

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It's a bit of a rock-and-a-hard-place situation here. You cannot ship blank tapes via Media Mail, and you cannot sell home-made recordings here. I would suggest either wiping the tapes or at least turn the liners back right-side-out so that only the brand names are showing, and maybe offer Ground Advantage shipping rather than Media Mail (as you're listing them as officially blank).

[slippinjimmy]

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@thx2001 wrote:

I have some used cassettes that I wanted to get rid of and noticed that others are selling these 'as blank'.  I decided to sell what I had with the intention that the buyer could record over what's already there. I just got a notice today from ebay that one of my lots was removed under the counterfeit item policy.  I checked and there are still many similar listings still up for sale including the balance of the ones I listed.  Anyone have any insight into this matter? Thanks! 

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There is a small market for used blank cassettes but what you are selling is obviously not blanks nor are they standard used pre-recorded tapes.

If you want to be legit you need to bulk erase the cassettes and definitely not show a picture of what is on the tape (which after a bulk erase would be nothing).

FYI - When you had your tapes listed some other seller who had theirs taken down  would say the same pointless thing "but I see others listed".

I was just out for a drive, I say a cop pull over a vehicle for an illegal turn, while the cop was occupied with the first vehicle several other people made the same illegal turn and got away with it.

[toysaver]

 "Anyone have any insight into this matter?"

If you don't take down the others you have listed you stand the chance of eBay restricting your account permanently.   You are selling tapes you recorded with music copyrighted by many different artists.  That is why they have been deemed counterfeit.  They did not give you permission to sell their songs.   It's no different than selling bootleg DVDs of Star Wars.  

Maybe if you took off the handwritten labels with the song titles it would pass but as is it's illegal.  

[tobaccocardyahoo]

Unless you erase those tapes, what you sell them as does not stop them from being illegal copies AKA counterfeit.

[chevymontecarlo88]

You can find tape erasers here on Ebay or other platforms. There are several different variations available for cassette, 8 track, 1/4" tape ect. I added a link to one i randomly found on Ebay and i have no affiliation with the listing or the seller. Just giving adding it for reference. Personally i have found these for $10-$20 depending on format.

Link to Bulk Tape Erasure 

[thx2001]

Thanks for all the replies, everyone. I get that, in a sense, it's a fine point. I could argue, all be it unsuccessfully, that I'm not selling the music, just the medium it's on. I will be removing what I have up on the blanks. Side note: yes, I do know I can't send them media mail. To someone's point, just because many others are doing the same thing does not make it right. Again, thanks to one and all for your replies.

[luckythewinner]

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@thx2001 wrote:

I have some used cassettes that I wanted to get rid of and noticed that others are selling these 'as blank'.  I decided to sell what I had with the intention that the buyer could record over what's already there. I just got a notice today from ebay that one of my lots was removed under the counterfeit item policy.  I checked and there are still many similar listings still up for sale including the balance of the ones I listed.  Anyone have any insight into this matter? Thanks! 

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You can sell these tapes with no issues by simply not giving any indication what is on them. 

The minute you do, you are stealing. 

[redmodelt]

This might not apply to home recorded cassette tapes but boughten pre-recorded cassette tapes, there is a tab on the side opposite of the exposed tape that is broke out so the tape cannot be recorded over. The hole where the tab was needs to be plugged so the tape can be reused. Have no idea if this applies to 8-tack, never had equipment to record on those. 

[luckythewinner]

it's a fine point. I could argue, all be it unsuccessfully

It is not a fine point, it is copyright law - so yes, your argument will be unsuccessful.

You can simply remove the inserts and put a piece of tape over anything on the cassette label that identifies the contents, and mention that have been recorded on without mentioning what was recorded.

[solidguitar1961]

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@luckythewinner wrote:

it's a fine point. I could argue, all be it unsuccessfully

It is not a fine point, it is copyright law - so yes, your argument will be unsuccessful.

You can simply remove the inserts and put a piece of tape over anything on the cassette label that identifies the contents, and mention that have been recorded on without mentioning what was recorded.

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Exactly if they are TDK SA 90 you list them as used TDK SA90s . No mention of who was recorded on them or pics of what was recorded on them and if possible use a bulk tape eraser and say all tapes have been erased.

[mb300e4m]

If you have a lot of them, donate them to a tax-exempt thrift store and take a tax deduction. It is not as though they are made of gold.

[wil3346]

I have had the same issue but just in the last few weeks.  The "counterfeit" label was not explained as the brand of tapes I have are legit but it sounds like having any indication ie title of a piece of music could be the issue.   However I just had a listing flagged that had tapes without any songs / pieces of music written on any of the labels.   It would be helpful for eBay to be very clear and specific about the issue.  And the note about media mail for a "blank cassette" is interesting.  I do see however other adds with the writing on the label of recordings that are still up.

[a_c_green]

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@wil3346 wrote:

I have had the same issue but just in the last few weeks.  The "counterfeit" label was not explained as the brand of tapes I have are legit but it sounds like having any indication ie title of a piece of music could be the issue.

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@wil3346 : Having the title of a piece of music would be the issue, yes, as you would technically be selling a copy of a work that you do not have the rights to reproduce. So yes, you need to show the items as blank and in their original format as much as possible: original boxes, factory labels the right way around, etc.

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@wil3346 wrote:

And the note about media mail for a "blank cassette" is interesting.  I do see however other adds with the writing on the label of recordings that are still up.

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Well, like the other speeders on the Interstate, they just haven't been caught yet. 😁

Regarding Media Mail, you do still need to remove that Shipping method from your listing of 2 Verbatim TR-3 cartridges, as those are being sold blank, not as licensed copies of Intellectual Property. (That's why you can use Media Mail for your commercial copies of "The Deer Hunter" or "Beverly Hills Cop," though you really need to fix your listing title for the latter, because it currently says "Beverly Hills Copy," probably one of the worst typos you could have as far as what we're discussing here 😄).

[tobaccocardyahoo]

It is illegal to sell home recorded tapes of copyrighted works.

Not listing the contents in the listing is a way of avoiding detection by Ebay. It is still illegal.