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Old 03-30-2007   #13 (permalink)
J W
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Join Date: Mar 2007
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Default Re: Copy Right Thread

Quote:
Originally Posted by xzotic ink View Post
SANDI OR J.W OR ANYONE,, please let me know what the hell is going on, i woke this morning to find out most of my stuff was taken off ebay,,,why? what the hell,. now!! some company claims copy right laws again,,here are the photos below,,,first of all the tshirt doesnt say b marley, second there is no poster or t ever made like this,,the hat, they dont even sell hats,,and the hat design was all mine,,,so are sneakers,,,i couldnt do tiny detail so i took a photo of b marley and just did the contour lines(i think thats what you call it) and added the normal colors around it,,,I never saw a print even like it,,they have print shirts with just an outline of b marley but not like this, its a frontal picture,,,fourth i say when "as listed" these are MY DESIGNS, AIRBRUSHED BY ME,,,how the hell are they claiming this,,the store doesnt even have sneakers or hats, and plenty people sell stuff like an old t of b marly,,im soooo made, ,im thinking of writing ebay and the store,,its not right , i did not copy there images,,can they just snatch it because they own his face, is that how it works? Should i complain or just shut up about it,,,look at the designs yourself,,,,you might of saw numerous print shirts like with b marley face on it,,but its completely different,,,,Maybe i just dont see it,,can someone explain, even if they dont have these designs, they own his face? i see the name, but even his face?
First off - who said what.? Was it eBay's "VeRO" (Verified Rights Owner) division that contacted you and did they inform you as to who it was that filed whatever complaint.? We need to know the particulars to identify the problem...

In looking at the images you have posted there are two possibilities offhand - one (and the most obvious) might be "Nike" - many product manufacturers will not allow you to use any of their trademarked names or imagery to resell their product, especially if you have modified the product without their consent and foreknowledge - they feel under the circumstances that having their product name prominent in the display can be misconstrued as their endorsement of your work and possibly the subject of your work... If you get popped for just one thing, they will pull ALL of your current listings and you may get a warning only as many people are unaware of the complexity of the issue. To learn more with regard to eBay and VeRO go here:

http://pages.ebay.com/help/tp/programs-vero-ov.html

Another possibility is the Bob Marley Estate may have objection - many of these estates are reigning in strict control of the use of any image depicting that person's estate - Dale Ernhart (spelling?) Sr.'s estate takes a very dim view of the use of his image without express permission - being as he was from this area, Sandi can tell you more about that.

As I relayed once before prior to this thread being accidentally deleted, I once sold my Canon digital camera on eBay and used a scan of the logo of the box it came in and the info in the box to create an ad to sell my camera - I was also bumped off for that sale because Canon took a dim view of using their info to resell the camera - go figure

I think the most important thing here is to identify the "why" aspect of why they are doing this and go from there so as to learn how to be able to do what you want and work within their framework.

In the interim, here's an alternative site to sell your work on - similar to eBay but it is only for art AND currently no sales fees or percentages! The only fees are for "Featured" listings (all the bells & whistles) - Check it out:

http://www.artbyus.com/

-JW
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