Question about eBaying replicas...

Discussion in 'Replica Props' started by juno, Feb 27, 2006.

  1. juno

    juno Sr Member RPF PREMIUM MEMBER

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    Okay, so I had my first auction pulled. What can I do? My Hogwarts Express tickets aren't EXACT EXACT (just as close as I can make them). . . is there wording I need to do? I don't see the Marauder's Maps being pulled... :cry
     
  2. allosaur176

    allosaur176 Sr Member

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    how did you describe it in your auction???
     
  3. juno

    juno Sr Member RPF PREMIUM MEMBER

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    :cry

    Title: Harry Potter Hogwarts Train Platform 9 3/4 ticket prop
    (just realized I left REPLICA out -- if I add replica is all well and good?)

    "Platform 9 ¾? But, Hagrid, there must be a mistake. This says Platform 9 ¾. There's no such thing. Is there?

    Are you itching to attend Hogwarts? With this ticket you'll be half-way there. (Although I can't guarantee running at the wall between platforms 9 and 10 will get you to the Hogwarts Express.)

    If you're the winning bidder, you'll receive one wonderous ticket -- this ticket, just like the movie's, printed on plain paper with gold foil details. The text matches the movie ticket exactly. It is approximately 2 1/4 x 4 3/4 inches in size.

    Shipping is $1.00 and I will ship anywhere in the world. As I cannot confirm whether or not the buyer is magical or muggle, I'll be using the muggle mail system for shipment so as not to arouse the suspicions of the Ministry of Magic.

    Also, due to the recent loss of my Gringotts' vault key, I can only accept PayPal, check, or Money Order (I will wait for checks to clear before shipping).

    Please note that this ticket is a one-of-a-kind piece of art. Although printed on a computer, all the gold foiling is hand-applied by me, and I also hand-created the original artwork. If you have any questions please e-mail me, I'd be happy to create a custom ticket just for you. This ticket would make a great gift for any Harry Potter fan.
     
  4. aliensarchive

    aliensarchive Well-Known Member

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    The WB loves you.
     
  5. EmmasOneandOnly

    EmmasOneandOnly New Member

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    Why is stuff like this pulled?

    is it because the tight-wads at WB arnt making money when we do this?

    If you want to keep it up I suggest removing a pretty good lot of "this is an exact match to the one in the movie" because that may hurt you. Or just the title. Hogwarts is copyrighted, only HOGWARTS SCHOOL OF WITCHCRAFT AND WIZARDRY but you might want to put Harry Potter Replica Wizard School Train Ticket or something like that.

    Good luck :angel
     
  6. Rylo

    Rylo Master Member RPF PREMIUM MEMBER

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    You're flagged, now. List it again and they'll catch it...

    STOP; otherwise, you risk a C&D and losing your Ebay account for multiple violations.

    Do not listen to playground logic about changing words around. Harry Potter "ANYTHING" is property of WB.

    Warner Bros is the most aggressive studio there is. A VERO means your auction was removed by the request of the license holder and your item is infringing.

    Happens to the best of us. You stop and move along. There is no reasoning as to why one person gets pulled when another doesn't....it's just always been that way as any prop, old-timer will tell you.

    Sure, it sucks but that's the way it is.
     
  7. Blad

    Blad Sr Member

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    Absolutely agree with Rylo, you will be flagged - if you list it again and get vero'd again you may well find your eBay account blocked.

    I'm afrad you need to move on to something else. :(
     
  8. Roger Ramjet

    Roger Ramjet Sr Member

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    I buy and sell Trek Props a lot on ebay (Just ask the wife) and once you are flagged, your auctions will be monitored for a period, not forever but just to make sure you do not try and relist this item, so word to the wise as Rylo said, cut your losses and move on...

    Roger
     
  9. juno

    juno Sr Member RPF PREMIUM MEMBER

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    But now, here's where it gets weird. My Sorcerer's stone stone was not removed -- however ALL my tickets were.
     
  10. Rylo

    Rylo Master Member RPF PREMIUM MEMBER

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    Shrug your shoulders and move on...

    I've had items pulled even "after" the auction ended...like 2 weeks after and then PayPal reversed the charges on me, too.

    All you can do is honor the request to stop when asked.
     
  11. juno

    juno Sr Member RPF PREMIUM MEMBER

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    I wondered if PayPal would do that....

    Now THAT sucks.
     
  12. SurferGeek

    SurferGeek Sr Member RPF PREMIUM MEMBER

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    The resulting Vero isn't always a discovery made by the copyright holder. Over the years I've seen competing replica prop makers battle silent little wars by narking on each other directly to the copyright holder. :rolleyes

    Don't bother trying to open another account name to sell them under as they are still linked to you.
     
  13. Jimbo890

    Jimbo890 Well-Known Member

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    I agree, the description or title was what caused it. Veroed. You have been flagged, and if you try that again, you run a risk of getting blocked. Try again, in 6 months, or make something new. Maybe change it up a lot, and say "inspired by the movie..."

    Try selling your stuff else where. Try the Junkyard, or your own sales page.

    This hobby really is a gray area. Ebay is high enough profile, that the WB, et. al. will see it, and if they think they are being violated, this sort of thing happens.

    Good luck with it. OR, you could buy some Harry P. used DVD's for cheap, and sell them with a free Ticket.
     
  14. juno

    juno Sr Member RPF PREMIUM MEMBER

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    Thanks for all the advice. I'm just going to let it pass -- there go my dreams of making millions off of train tickets :rolleyes. I actually contacted WB about it -- asking what I could do to make it less infringe-worthy. Here's there response (I love how they encourage me to rat out my fellow makers):

     
  15. Clutch

    Clutch Master Member

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    Ha. What a load.
     
  16. Darkknight0667

    Darkknight0667 Sr Member

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    What do you mean? They are the license holder to the HP property (probably paid JKR a tidy little sum for the priviledge, too). Juno is not. They want to assert their right that he can't sell replicas of their property. Any of the studios can do this to anyone here that sells their product on ebay (or anywhere else, for that matter) at any time. And, they can pick and choose who they decide to stop, too. And the only explanation that they have to give is:

    It's not "a load", it's their right. It's really no different that LFL going after AA/SDS, except in the size of the studio's reaction.

    Now, maybe when the heat is off him (3mos, 6mos, a year?), Juno can relist his replica and, if he avoids any mention of HP, Hogwarts, etc. he could probably slip under their radar. But, that a big chance to take on a maybe. He's best off just taking his loss and moving on.
     
  17. Jedirick

    Jedirick Sr Member RPF PREMIUM MEMBER

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    Well, I was going to support Rylo's comment and say something similar to DK but since it's been said...

    Animosity toward licensors or licensees for that matter, really can't exist in this hobby. They have the rights. Only the awareness that we pursue this as a hobby and not for profit keeps the wolf from the door.
     
  18. juno

    juno Sr Member RPF PREMIUM MEMBER

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    Not feeling animosity however....
    "Now, maybe when the heat is off him (3mos, 6mos, a year?), Juno can relist his replica and, if he avoids any mention of HP, Hogwarts, etc. he could probably slip under their radar. But, that a big chance to take on a maybe. He's best off just taking his loss and moving on."

    I'm a SHE a SHE -- Juno is the Roman version of Hera -- a SHE I tell you...
    heheh :lol

    That said...thanks for all the advice. My biggest fear was that I was going to get sued for making these things. I don't mind stopping eBaying and selling them sub rosa. And I am going to keep selling the stones till they yank those too.... Mwhahaha

    And I guess I should also state that selling the few I did on eBay really connected me with some awesome fellow HP fans -- that I'm still corresponding with. So in the end, it was worth it.
     
  19. tripoli

    tripoli Master Member RPF PREMIUM MEMBER

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    Actually, your pretty lucky. My first auction with a WB infraction resulted in a direct C&D Ceast and Desist letter from the lawyers. Turn over any and all property with relation to the auction, list all previous profits, letter of apology, letter of income, ect. It was one odd item I had bought earlier on ebay, so it was not a bad thing, but the legallese demands raised my blood pressure quite a bit.
    Not something you really want to go through.
    So adhere to Rylo's advice, its not worth the legal issues that could result if you did try to relist the item again.
     
  20. Darkknight0667

    Darkknight0667 Sr Member

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    WHOOPS... I guess my chauvenism is showing again. Sorry about that.
     
  21. the_eli

    the_eli Well-Known Member

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    I spoke to a licensing exec at Walt Disney Studios and they said that a 'replica' is an artists version of a prop used in film. It doesnt become an infringement, otherwise people would be challenging knock off brands of everyday things we see at stores we go to. NOW, the fine line is if you say for example, 'an exact replica molded from the actual prop', and that raises a flag as most of the time props are the property of the studio producing or in often times, the actors. In the case of Harry Potter, almost all props go to the studio for exhibition.

    Just thought I would help.
     
  22. Prop-Builder

    Prop-Builder Well-Known Member

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    What about a custom-made Jurassic Park John Hammond Cane for example? I was told this would be a fabricated piece and so not such a problem. I guess I'm ok doing amber mined pieces as that's pretty much how they're dug out of the ground anyway (none of Universal's business there), but I do wonder how close to the original JP dinosaurs I can get and still sell them legally? :confused
     
  23. etrigan69

    etrigan69 Member

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    What I have seen on ebay is people sell say one trading card and it says something like "1 Batman Trading Card With Free Dark Knight Cowl". It seems to work but now that your'e flagged I don't know if I would try it.
     
  24. exoray

    exoray Master Member

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    The guy you talked to obviously doesn't know IP law that well... Knock off brands are constantly challenged, the problem is they pop up faster then they are taken down, and most of them revolve around patent not copyright and are foreign in origin making prosecution hard...

    In the US a "derivative" work is infringement, that means if you base your work off of the original ie 'replica' then it's almost certainly a derivative work unless you take it to a new level of artistic creativity... The courts are the only one that can gauge if you took it to the next level or not and are granted new rights...

    There are also Trademark issues to content with... In Trademark if your work is confusing similar it can be found to be an infringement, many movie franchises are Trademarked now...

    In the end it will cost you (give or take) about $500 - $800 an hour to hire and attorney to defend you in Federal Court and roll the dice on your innocence or guilt (liability)... A big HUGE risk, with the potential for millions of dollars in judgments against you...
     
    Last edited: Jan 13, 2010
  25. darthinvictus

    darthinvictus Well-Known Member

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    I too have gotten a c&d and while it is something to brag about now, at the time I must say I was a bit scared. If they come after you, yer skrood!
     
  26. Funky

    Funky Master Member RPF PREMIUM MEMBER

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    I FRAMED both of my C&D's! :lol
     
  27. PhoenixVader

    PhoenixVader Sr Member RPF PREMIUM MEMBER

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    I had the same thing happen with my Goonies map 4 years ago. Got the auction pulled and a nastygram. So I stopped selling them. Funny thing is, everyone and their mother sells them now without issues. Go figure. Guess it is just luck of the draw.

    thomas;)
     
  28. darthinvictus

    darthinvictus Well-Known Member

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    See it's like comparing scars or tattoos
     

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