Isn't there an exception on reproduction rights for "advertising"? I thought
that's how all the cheapo documentaries got away with showing clips from movies
they couldn't afford to license actual clips from by showing their trailers
instead? It was my understanding because it was intended to advertise the film
no royalties needed to be paid.
Me no law guy but it sure seems like posters would fall into this exception as
well (as those afore mentioned cheapo documentaries also like using posters or
lobby cards to fill some valuable air time).
Still, of all the "celebrities" to make a stink about this sort of thing, you
gotta wonder just wtf Mara ("Who?") Corday is thinking. I'd like to believe
it's more circling vulture heirs rather than Norma Desmondish actresses
though...
--Peter
--- On Thu, 8/20/09, JOHN REID Vintage Movie Memorabilia
<[email protected]> wrote:
From: JOHN REID Vintage Movie Memorabilia <[email protected]>
Subject: Re: [MOPO] update: Mara Corday from TARANTULA gets a little carried
away....
To: [email protected]
Date: Thursday, August 20, 2009, 4:56 PM
Every movie poster listing on ebay is in potential violation of these rules.
That is correct. There are a number of actors and actresses who share the same
view as Mara Corday. They seem to randomly target certain listings and leave
many others alone. I dont think their perceived rights to their image has ever
been tested in court - too much of a hassle.
Regards
John
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PO Box 92
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----- Original Message -----
From: David Lieberman
To: [email protected]
Sent: Friday, August 21, 2009 9:33 AM
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]),
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 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
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).
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.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 | 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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