Message to "all" recasters (RESULT Page 18!!!)

We've got you nailed:love

Heres a response I have just received from ebay about a complaint on another thread... I suggest this gets pinned somewhere for all to follow if they're ever unlucky enough to become the victims of this crime



..........................................................................................
Dear Philip,

Thank you for writing eBay in regard to an item posted on eBay that
infringes your intellectual property rights.

As you may know, eBay does not buy or sell any items. We act only as a
venue that helps buyers and sellers to do so. We neither see nor inspect
any items that are offered for sale on eBay. However, we recognize that
some posted items may infringe certain intellectual property rights. For
this reason, we have created the Verified Rights Owner (VeRO) Program,
which enables intellectual property rights owners to identify and
request the removal of allegedly infringing listings.

The many benefits of participating in VeRO include:

- Direct access to a support team dedicated to addressing rights owners'
requests and processing Notices of Claimed Infringement (NOCIs)
- The ability to request the removal of listings that infringe your
intellectual property rights by using the NOCI form
- The ability to request detailed contact information for sellers who
post listings that may infringe your intellectual property rights

How to File a NOCI Report
The first time you file a NOCI, you will need to download, complete, and
submit the document to eBay by fax. If you need to submit subsequent
NOCIs after your initial fax has been processed, you will be able to do
so online.

-- Note --
To view and print the NOCI, you need to have Adobe Acrobat Reader
installed on your computer. If you don't already have the program, you
can download Acrobat Reader for free from Adobe's Web site. To do so, go
to:

Adobe - Adobe Reader download - All versions

To download a copy of the NOCI form, go to:

http://pages.ebay.com/help/community/NOCI1.pdf

Please be sure to complete all sections of the form, sign, and fax the
NOCI to:

eBay Inc.
ATTN: VeRO
(408) 516-8811

For more information about the VeRO Program, please visit:

Reporting Intellectual Property Infringements (VeRO)

If you have any additional questions, feel free to contact us at the
following email address:

vero@ebay.com.

The VeRO program procedures are intended to substantially comply with
the requirements of the Digital Millennium Copyright Act, 17 U.S.C.,
Section 512. To read the Digital Millennium Copyright Act, go to:

Digital Millennium Copyright Act - Liability

If you need further assistance, please don't hesitate to reply to this
email and let us know.

Sincerely,

Cyrus
eBay Customer Support
Trust and Safety Operations

Re: Message to "all" recasters

Phillip, that is a really long message. Can you boil it down to us for those that don't have the "desire" to read?

I feel like this message that I'm typing is WAY too long already..:lol


:thumbsup Good info by the way, I'm glad to know we can stop some people from selling recasts and such.

Re: Message to "all" recasters

good news in theory, but I wonder how many cases it will actually come in handy for...

Re: Message to "all" recasters

Let me just play "Devil's Advocate" for a moment here, and ask:

How does that impact recasters?

Typically, the transgressors have been recasting unlicensed replicas made by "artisans" who have no right to said "intellectual property". Filing a formal complaint would only open you up to a world of legal trouble.

Re: Message to "all" recasters

Yeah, that's what I was going to say... Someone here remakes a copyrighted item, and someone recasts it. You have _NO_ legal grounds to stop them (and they probably know it). Now, if you can get the studio to go after them, great... But then they might look at what you are doing...

(Not that I'm for recasting or anything, but I just assumed that everyone here realized there's no legal ground to stand on to prevent it... Unless the design of the recasted item is truly your unique design...)

Re: Message to "all" recasters

These RECASTERS are braking two interlectual rights... the artists rights and the rights of the originator i.e. George Lucas... I'm not the one "Seen" to be selling these.. its the recasters. Ebay are interested in those who brake the rules on their site.

Re: Message to "all" recasters

Cyberman said:

These RECASTERS are breaking two intelectual rights...

Click to expand...

On that point I have to disagree. While they may be limiting your ability to profit by your own WORK, a replica or copy of someone else's design, by definition, is NOT your intellectual property.

Re: Message to "all" recasters

Hecubus114 said:

good news in theory, but I wonder how many cases it will actually come in handy for...

Click to expand...

It really depends on the nature of the item being auctioned.

I have a couple of clients who are part of the VERO program and they have had very, very good success at having auctions that infringe on their intellectual property and trademarks removed.

I have also had some experiences where the VERO program did nothing at all.

Bottom line, it comes down to you have to be able to prove that you hold trademark/intellectual property/etc. rights over the item being auctioned, otherwise, eBay will do nothing about it.

Additionally, you have to stay on top of these kinds of auctions. Even when eBay shuts them down, the seller usually just lists another one as quickly as possible. Other than that, eBay does little to nothing to prevent sellers from continuously violating the rights of others.

Re: Message to "all" recasters

Where's Gino?

Re: Message to "all" recasters

VeRO program is old news. Ebay has had that for years.

Hopefully it works for you if you sign up, but typically it's used by the studios.
I don't know if eBay will let you VeRO sellers infringing on IP rights that don't originate with you. I'm sure others here have tried in the past, maybe they will chime in.

Re: Message to "all" recasters

mrsmartypants said:

It really depends on the nature of the item being auctioned.

I have a couple of clients who are part of the VERO program and they have had very, very good success at having auctions that infringe on their intellectual property and trademarks removed.

I have also had some experiences where the VERO program did nothing at all.

Bottom line, it comes down to you have to be able to prove that you hold trademark/intellectual property/etc. rights over the item being auctioned, otherwise, eBay will do nothing about it.

Additionally, you have to stay on top of these kinds of auctions. Even when eBay shuts them down, the seller usually just lists another one as quickly as possible. Other than that, eBay does little to nothing to prevent sellers from continuously violating the rights of others.

Click to expand...

Very True. VERO has been around for many years and is a true joke. People can turn someone in just for spite or anything else. EBAY is just the middle man out for money and will do little most of the time.

VERO depends on everyone to tattle-tale on your fellow ebayers to get people. I use to turn people in all the time , but I learned that there are too many to worry with and it's not my job to do it.
I got turned in several times for my NCAA college football cards because they violate NCAA rules . I sold them for two years and made a ton of money . I went through it with them and it was truly funny. One funny part is that typically they " tell " you turned you in , with the response letter.
I still sell college football cards when I can , mainly through commissions from two years of selling them . Heck I had players and coaches from large colleges emailing me wanting to do cards on the down low.
The NCAA rules say that the " player" has to go after you if there likeness is on a card. That funny considering how many i did / do for players and they don't care.

Re: Message to "all" recasters

Playground logic.

All this does is create a snowball effect. You'll squeal on one guy and that guy will squeal on the next and so on.

You're simply drawing attention to your own activities and then swearing under penalty of perjury that YOU or a given builder have the rights to a given item. :confused

Yeah. Good luck with that!

Yes. Recasting sucks, but the VERO program is as old as Ebay. This is old news and flawed logic at it's best.

Cyberman said:

These RECASTERS are braking two interlectual rights... the artists rights and the rights of the originator i.e. George Lucas... I'm not the one "Seen" to be selling these.. its the recasters. Ebay are interested in those who brake the rules on their site.

Click to expand...

Re: Message to "all" recasters

Tan Djarka said:

a replica or copy of someone else's design, by definition, is NOT your intellectual property.

Click to expand...

Actually yes it is your property, but you have very limited remedy in a court of law as it was created with dirty hands and infringes upon anothers and this is a valid defense to get it tossed out of court... But it doesn't negate your rights totally, say you sculpted a 'yoda' statue and a LFL licensed vendor decided to recast it and sell it at their own... In a case like this your legal rights to that specific sculpt could/might be heard by a court as both parties have dirty hands...

Re: Message to "all" recasters

Apparently VERO has been ammended to allow us who create these things the opportunity to close down auctions of those who recast our work.... So you may be looking at old news but we're actually dealing with NEW News.

Re: Message to "all" recasters

Cyberman said:

Apparently VERO has been ammended to allow us who create these things the opportunity to close down auctions of those who recast our work.... So you may be looking at old news but we're actually dealing with NEW News.

Click to expand...

that is if you are the holder of the copyright. If you sculpt a bust of Darth Maul anyone can have that taken down too. I do not see it helping stop recasting but helping stop the sale of any replicas.

Re: Message to "all" recasters

Hmmm, I don't know where you got that impression about me... I did this s a personal project... yes I let a few go to cover my costs but this was a person project between myself and Gino to try and realise the best possible Darth Maul statue... it was never meant as a profit making venture...

The trouble is I trust people to much in here not to abuse my art yet they just stab you in the back by making money for other peoples craft

Like Howard, Mike Hill, JRX and the likes (dare I put myself in there group) we as artists always find there are those who ride on the back of genius.

Phil

Rylo said:

Playground logic.

All this does is create a snowball effect. You'll squeal on one guy and that guy will squeal on the next and so on.

You're simply drawing attention to your own activities and then swearing under penalty of perjury that YOU or a given builder have the rights to a given item. :confused

Yeah. Good luck with that!

Yes. Recasting sucks, but the VERO program is as old as Ebay. This is old news and flawed logic at it's best.

Click to expand...

Re: Message to "all" recasters

So, let me get this straight. You want to roll on someone for infringing on your IP that you're infringing on?

You of course know that the second you do that, they'll in turn rat you out, right??

:rolleyes

Cyberman said:

Apparently VERO has been ammended to allow us who create these things the opportunity to close down auctions of those who recast our work.... So you may be looking at old news but we're actually dealing with NEW News.

Click to expand...

Re: Message to "all" recasters

Tetmatek said:

that is if you are the holder of the copyright. If you sculpt a bust of Darth Maul anyone can have that taken down too. I do not see it helping stop recasting but helping stop the sale of any replicas.

Click to expand...

Actually no you're wrong....

Its a likeness of Ray Park that i sculpted and stuck horns on... Like a photographer has the rights over his pictures or an artist has the rights over his painting, I have the rights over my sculptures.

Re: Message to "all" recasters

Rylo said:

So, let me get this straight. You want to roll on someone for infringing on your IP that you're infringing on?

You of course know that the second you do that, they'll in turn rat you out, right??

:rolleyes

Click to expand...

No i don't see it like that... its my sculpture of Ray Park thats being used to make money out of by recasters... they are making money from my talent

Re: Message to "all" recasters

Guys, we are all on the same team here in the end. WHY are we having this discussion AGAIN?! It's going on on TWO other threads.

Seriously, what he posted was useful information for all of us. Can we please not start a 90th tread about the same thing.

That is all. HEY! Where the heck did my Soapbox go?!!!:lol