Intellectual property rights
does Mara need an intellect to be able to claim them??
and I'm guessing that all movie posters except
those that do not feature any credits are now illegal to sell on fleaBay
WHERE ARE YOU GOING TO SELL THEM NOW FOLKS????
: - )
At 04:33 PM 8/20/2009, David Lieberman wrote:
Well....after speaking with my ebay rep a few
times......and after getting in touch with the
spokesperson for Mara Corday....ebays decision
stands for now (my rep is still working on
it...but I'm not holding my breath). The listing
has been removed and if I attempt to re list it I will be a violation.
yes......lunacy is alive and well at ebay.
ORIGINAL EMAIL I RECEIVED FROM EBAY
Dear cinemasterpieces ([email protected]),
You recently listed the following Fixed Price listing:
350233078162 - TARANTULA *1SH ORIG MOVIE POSTER SPIDER SCI FI MONSTER
The listing was removed because it violated eBay policy.
The rights owner or an agent authorized to act
on behalf of the rights owner, Mrs. Richard Long
aka Mara Corday, notified eBay that this listing
violates intellectual property rights. When eBay
receives a report of this type of violation, we
remove the listing to comply with the law.
Listings or items that contain a celebrity's
name, likeness, or signature may infringe
his/her right of publicity. This right is
generally defined as an individual's right to
control and profit from the commercial use of
his/her identity, and is not limited to only celebrities.
You may need the celebrity's authorization to
use his/her name, likeness, or signature in a
listing or to list an item using such elements.
Items that contain a celebrity's name, likeness,
or signature may infringe his/her right of
publicity. Such items are not permitted on eBay,
unless they were made or authorized by that person.
For more information visit the following Help page:
<http://pages.ebay.com/help/policies/celebrity-material.html>http://pages.ebay.com/help/policies/celebrity-material.html
To take the intellectual property tutorial, please visit:
<http://pages.ebay.com/help/tutorial/verotutorial/intro.html>http://pages.ebay.com/help/tutorial/verotutorial/intro.html
Please be aware that any additional violations
of this policy may result in the suspension of
your account. eBay understands that you may be
concerned about this situation.We encourage you
to contact Mrs. Richard Long aka Mara Corday
directly if you have any questions.
You can send an email to: deleted
For more information on how eBay protects
Intellectual Property, or for additional
information if you believe that your listing has
been removed as a result of an error or
misidentification, please visit the following Help page:
<http://pages.ebay.com/help/tp/programs-vero-ov.html>http://pages.ebay.com/help/tp/programs-vero-ov.html
For more information on why eBay may remove a listing, please visit:
<http://pages.ebay.com/help/sell/questions/listing-ended.html>http://pages.ebay.com/help/sell/questions/listing-ended.html
Please be assured that your listings have not
been targeted in any way. Although there may be
similar items currently listed on eBay, we
review all listings that are reported to us by
eBay members or Verified Rights Owner (VeRO)
program participants. We rely on reports from
our members to help maintain the safety and
security of our Community. We encourage you to
report any items by using the REPORT THIS ITEM
button on the listing so we can quickly remove
any other items that should be removed.
Thank you for your understanding.
Sincerely,
eBay Trust & Safety team
Here is the email I sent to Mara Corday
Hello!
My name is David Lieberman, owner of the website
<http://www.cinemasterpieces.com/>www.CineMasterpieces.com.
We sell vintage original movie posters on ebay
and directly on our website. These are ORIGINAL
movie posters....they were printed for use in
theaters.....we do not sell reproductions of any kind.
Recently we were informed by ebay that you had
one of our listings ended for an original one
sheet poster for Tarantula from 1955.
Again, this is an original linen backed one
sheet movie poster we have for sale. It is not a reproduction.
We are not violating your intellectual property
rights by selling a poster that was printed 54 years ago.
I'm sure that this was just an honest mistake on
your part. I can understand you wanting to
prevent unauthorized use of the image.
I was wondering if you could inform ebay that it
is o.k. for us to re list this poster. I would greatly appreciate it.
Thank you and kind regards,
---------------------------------------------------------
And the email I received back from her (her
spokesperson/lawyer/representative whatever).
Dear eBay celebrity memorabilia seller/dealer:
Please review the following eBay policy
restrictions regarding the sale of "Celebrity Material":
http://pages.ebay.com/help/policies/celebrity-material.html
Please be advised that Mara Corday owns, and
therefore may legally control, rights of use with respect to Mara
Corday's Name, Image and Likeness.
This email shall serve as written notification that your
use of Mara Corday's Name, Image or Likeness is
not authorized by Mara Corday.
Thank you.รพ
So basically........according to the geniuses at
ebay......anyone can complain to ebay if a
listing for a fully licensed movie poster
contains their name or image (not in the
title........but even if it just appears in the
ebay photo of the poster)....and ebay will
remove it. Even if the person complaining gave
permission over 50 years ago for their name and
image to be used on the poster......they can now
claim someone is infringing their rights by
trying to sell that poster that is over 50 years old.
Every movie poster listing on ebay is in potential violation of these rules.
David Lieberman
<http://www.cinemasterpieces.com/>CineMasterpieces.com
| 15721 N. Greenway Hayden Loop, Suite 105 -- Scottsdale, Az 85260
Vintage Original Movie Posters | 602 309 0500 |
Office/Gallery Open By Appt. Only.
----------
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