posted on May 27, 2003 01:02:56 PM new
I just noticed that someone used my picture that I took for one of my auctions, and almost copied (word for word) my description to use in his own auction. Is there an eBay police that I can report this to, or is it legal to do that??
posted on May 27, 2003 01:10:39 PM new
Hi. I can definitely understand how you feel, since copycat thieves constantly try to steal my auction descriptions. I just laid the smack down on three of them last week, in fact. Ebay may take a week to respond to you, but you can report the copycat here:
http://pages.ebay.com/help/basics/select-RS.html
Please select the following categories to ensure that the report will go
directly to the appropriate department:
Questionable content on eBay -> Potentially infringing issues -> Use of
images, text, or links without proper permission.
posted on May 27, 2003 07:14:32 PM new
Check the Image URL in the thief's auction. If it's a image you control (like it's on your server
or some place you uploaded it to) then check and see he has at least one bid then change the
image. The more ridiculous or inappropriate the better.
Else figure out where the image is then email the host and ask them why they have your image
on their site. Tell them you took the picture and own the Copyright to it and want it removed
immediately or your lawyer will be contacting theirs later that day. Give them the full URL to the
image. Most webhosts don't allow copyright infringement of any sort and may discontinue all
services to the offender to avoid any further legal entanglements.
posted on May 28, 2003 05:23:30 AM new
There is a form you can fill out and send to any ISP that is hosting infringing material and once the form is received they must take the item down or face vicarious liability for infringement.
posted on May 28, 2003 05:30:43 AM newalmost copied (word for word) my description
The picture you may get by with the complaint... the description will be another matter... "almost" doesn't get it, it is like saying two people can never come up with the same idea...
posted on May 28, 2003 06:37:11 AM new
"Almost" word-for-word is close enough. It just has to be clear to a reasonable person that you've taken someone else's work.
Not necessarily true for literary copyrights. Take Harry Potter, for example. A russian author decided to create a book with a female character who had a lightning-shaped scar on her forehead and lived in a magical modern world. The author was taken to court on the grounds of Copyright infringement, and unsurprisingly lost the case to JKR. Just like in college... plagiarism can be considered a form of copyright infringement. (that's one reason why they tell you not to do it in college to begin with!) Ebay can rightfully (and has, as I can speak from first-hand experience) cancel auctions that potentially infringe upon individuals copyrights.
posted on May 28, 2003 09:01:46 AM new
FYI, I filed a complaint with eBay against the guy who stole my image and description. I filed it under their "Image and Description Theft" policy, which states:
"The following examples are not allowed on eBay.
You want to sell an item on eBay but do not know how best to describe it. So you copy all (or substantially all) of someone else's description of the same item and, without their permission, paste it into your listing.
You copy someone else's image (without permission) and include it in your listing since it looks very similar to the item you are offering.
You like the way your competitor's About Me page looks, so you copy their look and feel and a substantial amount of the text and include it in your About Me page."
EBay's standard response email said that they'll investigate it and notify me within 24-36 hours of any action taken. It says that several image/description thefts against a user will result in suspension.
posted on May 28, 2003 09:07:08 AM new
The thing that causes ebay to back off on almost all the 'he said-she said' claims is the burden of proof. Imagine all of the revenge-getting that you would see if ebay allowed anyone to lay claim to an image or description without absolute certified proof? Unless it's a Harry Potter book it is simply not worth the expense and hassle of bothering with the copycats.
posted on May 28, 2003 09:35:29 AM new
EBay asked me to submit my auction item number and the other guy's auction (the one who stole my image and description) so they can compare it. Once they see the two descriptions, they'll clearly see that he stole my stuff. I certainly hope they'll end his auction, at the very least. He's a newbie (with only 4 feedbacks). I'm hoping that he just didn't know "the rules".
posted on May 28, 2003 09:43:50 AM new
I bet I could easily produce one thousand ebay auctions where two sellers have the same identicle photos and descriptions. Thousands have descriptions that are word for word and exact photos from major websites. It's part of doing business on ebay to most of these copycats. Sad and illegal but true.
posted on May 28, 2003 11:15:30 AM new
A lot of people have the wrong idea about copyright law. It is NOT difficult to establish a copyright (most things are copyrighted the minute you create them.) Any decent general-business lawyer can write a cease-and-desist letter that will clear up 98 percent of the infractions. Many states even allow you to pursue copyright cases (either directly or by inference) in small claims court.
I followed a case on a crafter's board for six months once ... a woman made a line of jewelry that was magically themed (elves, fairies etc.) Her hook was that each piece included a little hand-painted card with a story - she wrote the stories herself and they were charming.
Someone ripped her off - not word-for-word, but it was clear that they had taken her stories, changed a few pertinent details (a blue fairy transformed into a purple pixie, a daffodil to a tulip, etc.) and adopted a name very similar to hers. The first time this woman saw her "competition" it was at a craft fair. Before the fair even opened, the fair organizers had told the offending crafter to remove the ripoff items from display or pack up and leave. She left.
I don't remember who sued who, but the upshot of it was that the original crafter ended up with 1) all the copycat jewelry the ripoff artist had left and 2) a sum of money (can't remember how much but it was sizable.) Plus the ripper-off had to pay attorneys' fees for both.
I also know webmasters and bandwidth providers are very leery of allowing their customers to bust copyright.
That doesn't mean it's 100 percent guaranteed. But going after eBay offenders is not tough. It's not so easy going after the big offenders - like offshore companies and big clothing/accessory companies (I'm thinking Liz-ish thoughts here) but small-time cases are usually worth the time and effort.
Burden of proof is not tough, either. With written copy, the trick of mailing it to yourself in a sealed envelope which is then postmarked actually works. Most files that are web-posted also get date-stamped.
The other side of that is that copyright is a "use it or lose it" kind of deal. You have to consistently defend your creations or they move into the public domain.
[ edited by msincognito on May 28, 2003 11:18 AM ]
posted on May 28, 2003 11:23:13 AM new
The Potter case dealt with both registered copyrights and trademarks and the decision was based on European law.
Deciding what is similar, and deciding if it is similar enough to constitute trademark and copyright infringement is a subjective decision process.
But here is an interesting concept when dealing with internet issues. Everything that you view on the net is in fact copied on your computer. Every auction you view and all the images are copied to your computer. That is why in the Terms of Use that you must agree to on eBay gives eBay permission to copy/use your auction descriptions/images etc.
Any or all of the copyright owner's exclusive rights or any subdivision of those rights may be transferred, but the transfer of exclusive rights is not valid unless that transfer is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent.
So eBay does not have exclusive rights to the content we create and pay to store on their equipment? They must not because we never signed anything.
So how did eBay win the lawsuits against companies that do search and retrival of eBay listings ? I never denied these companies the right to view/copy my listings ?
Anyway- below is from the library of Congress:
WHAT IS NOT PROTECTED BY COPYRIGHT?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
posted on May 28, 2003 11:54:51 AM new
It worked! EBay removed that person's auction within 24 hours! Here is the email I received from EBay:
Hello,
Thank you for writing with your concern.
eBay has removed the listing you've reported. We appreciate the time you
have taken to send this information to us.
Please be sure to check our Prohibited, Questionable & Infringing Items
pages for information on what can be listed on eBay. This information
can be found at the following link:
http://pages.ebay.com/help/sell/item_allowed.html
For more information on our listing guidelines, please visit our policy
page at the following link:
http://pages.ebay.com/help/sell/policies.html
I appreciate the opportunity to assist you. We are committed to making
your experiences at eBay pleasant and rewarding.
