Why isn't eBay paying a commission for providing my Sold item listing titles/descriptions to others?

[more-in-store]

I sell vintage books on eBay.  I constantly see my exact listing headers and descriptions used on competitive listings. Typically this stems from eBay serving up details of my Sold listings to other sellers.  I do the research...I craft the listing...I use my 35 years of book knowledge to make the sale, benefiting eBay. My items are for sale, not my expertise. Let others conduct the research and write their own listings; otherwise eBay should be paying me a commission for using my words and knowledge. It is essentially trademark infringement.  Further, what eBay is doing undermines my sales:  I often have to compete with other listings using the exact listing titles and details I created!  If eBay makes more money from my work beyond the sale of my books, they need to pay me for that. 

[coolections]

Why do you do it yourself when you too can just sell similar using someone' else's listing. It makes it easier for everyone.

[dubsteesllc]

I absolutely agree. Here's my beef: I sell collectibles, and sometime I get an item in that is brand-new and not even in the Ebay catalogue yet. So, I take precious time to provide all of the details, and I imagine other sellers use that information also.

What is detrimental to this platform is when some sellers ask Ebay to put the item in their catalogue, then the "think tank" at Ebay inputs entirely inaccurate information, like they just speed through it.

Very unfortunate.

[more-in-store]

Others do not take the time to research and identify details (condition, print edition, publisher) that I do. I also have a distinctive listing approach in my titles that my frequent shoppers look for.

[coolections]

You do not need to go to an Ebay catalog. Go to any seller that has the same thing as you want to sell and scroll down their listing. Ebay gives a link for you to sell-similar.

[slippinjimmy]

Would you give an example of one of these listing where the titles and description contain anything other than the basic information that ANY seller would need to include.

I looked at a few of your listings that have nothing more than the Title, Author and notes on the condition.

FYI - This has nothing to do with trademarks and you can't copyright simple sentences.

[traditonalproducts]

No, Ebay is not harming your listing nor yourself. Nearly every platform allows this unless you retain a patent on a product & file a cease-and-desist order with Ebay. You & Ebay are making money. As some have said look at "sell similar". You have a choice to add whatever you want about the product. Part of selling unique items is timely research. In addition, you might be the only one selling that unique product. People use mine and I use their "sell similar". I have bigger fish to fry than worry about this.

In conclusion, it is what it is welcome to the selling platforms. 

[monroe67]

"My items are for sale, not my expertise. Let others conduct the research and write their own listings; otherwise eBay should be paying me a commission for using my words and knowledge. It is essentially trademark infringement."

Have you, in True Fact, obtained a trademark on the language you put into your product descriptions on your eBay listings?  If not, there's no trademark infringement. 

"Essential Trademark Infringement" is not a Thing.  There is no legal cause of action for "essential trademark infringement", just as there are no legal causes of action for "essential emotional distress" or "essential mugging."  

[onefootflipper]

You give ebay all your text and photos when you give them the listing, it is in the useragreement.

Worrying about this "issue" will not make you any more profitable and any time you spend on it is time that makes no money.

[tobaccocardyahoo]

The only possible intellectual property infringement on your listings is likely to be copyright infringement,

Either on your photos or your text.

Not all text is covered by copyright. It is unlikely that copyright will cover the citation of the book - title, author, publisher, publication date, pages, format.

It is unlikely that you have any copyright on any information copied from the publication. - for example, cast lists on a theatre program.

If you feel you have been infringed, it may be worth contacting a lawyer to gain his perspective on whether you were, and his estimate on the costs of pursuing legal action.

[ebooksdiva]

eBay  Images, videos and text policy  states:

 When you create listings you give eBay and its customers permission, through our User Agreement, to use your images, videos and product details. Your content may be added to the eBay product catalog, and may be used by other sellers in their eBay listings.

When you signed on with eBay you also agreed to the User Agreement. 

[luckythewinner]

Why isn't eBay paying a commission for providing my Sold item listing titles/descriptions to others?

Because they never chose to do so.

If eBay makes more money from my work beyond the sale of my books, they need to pay me for that.

You should write a sternly-worded letter asking them to pay you.

It is essentially trademark infringement.

Not if you sign a user agreement granting them a license.

[more-in-store]

Think I answered my own question.  At the top of eBay's onerous User Agreement:   

"When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against eBay, our assignees, our sublicensees, and their assignees in connection with our, those assignees', and those sublicensees' use of that content in connection with our provision, expansion, and promotion of our Services. We also get to name your children."

[monroe67]

"At the top of eBay's onerous User Agreement:   

"When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights  . . . .  We also get to name your children."

So-o-o-o-o  onerous. 
I will be taking a break shortly from my eBay listing today, because I have to go to the drug store and pick up a couple prescriptions.  Glad my Request To Run A Personal Errand was approved.  

This heat wave is too much.  People are getting cranky.  

[sapphire_studio]

I consider it a compliment when I see titles that I had obviously constructed in the past. I put in decent effort into my titles and I'm glad if others agree that they are good. And then when they go as far as even taking my pictures I shrug it off because I know eBay owns my photos.

The least emotional you can get over the small things like this the longer you can survive as a reseller. At least that's my opinion.