AW Daily - Tips & Tactics - Before the Auction: Understanding Copyright

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Before the Auction: Understanding Copyright continued ...

The Issue of Auction Listings
Is an auction listing copyrightable? Moreover, who "owns" an auction listing? The site or the seller? To the extent that the information given in an auction description is factual in nature, no particular entity owns it--not the seller, not the auction site on which the auction is hosted. The general industry standard is that sites do not assume copyright control. User agreements state that auction sites have the right to post a listing but they don't take ownership. Listings are thus considered public domain, according to the legal experts Vendio interviewed. But this brings up an interesting question: If someone copies your auction description verbatim and it's considered to be part of public domain, then is it possible to claim copyright infringement?

It's a tricky issue. Again, it depends on the information included in the listing. Provided that the text is fact based, this blatant theft would not necessarily constitute copyright violation (unless, say, you've published an article about early American stamps and have included it or excerpts of it in your listing). On the other hand, the person who appropriates your auction listing could be guilty of several other legal infractions, including false advertising, fraud, false designation of origin, or unfair competition. If it's proven that a seller has appropriated another seller's listing without the proper permission, auction sites will shut down the auction in question and perhaps even suspend the guilty party's registration.

Automatic Protection
Filing for a copyright with the U.S. Copyright Office is only a legal formality. As of 1989, the author or creator of a work is automatically protected once the work is created. So don't assume that something exists in public domain (meaning it can be copied freely) and that it's OK to "borrow" text or a photo just because you don't see a copyright notice. There is something called the "fair use" rule, which stipulates that someone may make "limited use" of another's expression if it's used for research, commentary, education, or somehow benefits society. However, it's a complicated doctrine and you'd still potentially be liable. Don't proceed without the proper permission or legal advice.

For more information on copyright issues, visit the Web site of the U.S. Copyright Office.

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