wow............ (first time i read this posting thread.subject)
what about the STOCK PHOTO IMAGES that ebay supplies for books that have a poster image on the cover? or cd, record, cassette recordings? how can you sell a poster (a category ebay endorses) without showing the poster? same is true with books, records, etc. you are selling a poster-----you are not stealing the artwork and putting it onto something else. a poster is a poster. a signature? was a gun put to the head of the signor? does sotheby's and heritage violate the law? i think not. the biggest problem you have is that you need to reach someone intelligent at ebay. post a listing for an intelligent ebay person!!! michael -----Original Message----- From: David Lieberman <[email protected]> To: [email protected] Sent: Thu, Aug 20, 2009 7:33 pm Subject: [MOPO] update: Mara Corday from TARANTULA gets a little carried away.... 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] m), 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 To take the intellectual property tutorial, please visit: 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 Mara20Corday 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 For more information on why eBay may remove a listing, please visit: 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 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). 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 "Cel ebrity 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.þ 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 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. | 602 309 0500 | Office/Gallery Open By Appt. Only. 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 i t 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 To take the intellectual property tutorial, please visit: 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,20or 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 For more information on why eBay may remove a listing, please visit: 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 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). 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=2 0use 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.þ 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 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. | 602 309 0500 | Office/Gallery Open By Appt. Only. 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