Good news for you remaining eBay sellers. I sympathize with your plight with the crazy Corday, so I asked a major eBay seller of another kind of memorabilia (who I knew has successfully beaten similar crazy VERO claims) and I asked him to be a nice guy and tell you guys how he did it.
Here's what he said: Anyone who gets a VERO takedown from an actress can immediately file a "counternotice" form. Filling this form removes the TKO immediately pending an outcome and gives the VERO complainer 10 business day to file with eBay proof that they have sued you in federal court. If they don't file suit against you, the TKO is lifted, you may re-list the item, and the VERO person who files against you may not file a VERO complaint against you again. Every poster seller should be calling her bluff, as I doubt she would ever spend a nickel to file suit to protect a copyright she does not own. Please tell all these poster sellers to email [email protected] and ask for the counter notice form. Once they fill that out, their bogus TKOs will be lifted. So one or more of you try this, and if it works like he says it does, you are all home free. Bruce On Thu, Aug 20, 2009 at 6:33 PM, David Lieberman <[email protected]> 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 > > > 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<http://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* > CineMasterpieces.com <http://www.cinemasterpieces.com/> | 15721 N. > Greenway Hayden Loop, Suite 105 -- Scottsdale, Az 85260 > *Vintage Original Movie Posters* | 602 309 0500 | Office/Gallery Open By > Appt. 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