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 RB
 
posted on September 10, 2000 06:03:41 AM
dixiebee - Spot On!

I would like to see a similar two-way communication when auctions that have nothing to do with VeRO are canceled on the hearsay of another user. At least it appears that you folks can still relist and continue to buy stuff and continue to participate in the eBay forums.

eBay NARU'd me when I listed one of my items a 2nd time!

They probably figure that this will make me go away. It won't. As a matter of fact, the illegal item that I have been warning them about for the past 8 days has just reached an all time high - 491!!

When the business day starts tomorrow, they are going to be getting some, ahem, 'warnings' from the copyright holders that they are contributing to a criminal activity by knowingly allowing copyright infringing material to continue to be listed and sold on their site. I wonder if they will be 'smart' enough then to figure this out



 
 macandjan
 
posted on September 10, 2000 06:48:09 AM
[ edited by macandjan on Dec 3, 2000 09:06 PM ]
 
 PinsnNeedles
 
posted on September 11, 2000 08:38:54 PM
My warning to all who would auction Waverly/F. Schumacher products/fabrics/items made from their fabrics: DON'T DO IT.

It's not worth the hassle. These people really don't want any of their products regardless of age or type sold on the internet.

In a nutshell, they pulled my auction because it included a scan of the fabric. According to the legal document they sent me, any auction of their product lessens the cache of their name and we as sellers are profiting from the cache of their name--which they have determined to be illegal and a violation of copyright.

I wish you all the best of luck selling on eBay. I'm taking a break from buying and selling for a while. If my career bombs, I'll be back...



 
 susiegirl
 
posted on September 11, 2000 09:35:42 PM
I got a 3 page form reply email from Schumacher/Waverly this evening...they said they are taking a scattershot approach to enforcing VeRO on Ebay...stated several times rather testily that they don't like it that Ebay LETS people sell Waverly things without banning them. What I got from all of it is that even if I buy the fabric from an authorized Waverly dealer, they say it is a trademark abuse to put an image of the fabric up on Ebay to sell my product. This is even though I take my own pics of my own finished products....I checked out the Waverly listings tonight and there are many many listings selling items and large amounts of fabrics using Waverly catalog pages, images, and promotional materials. Why on earth and how was I....the smallest of the Waverly sellers...singled out?! Advice please...should I change name of all my Waverly items, to just identify by generic name as in "blue toile"....how endangering is this to sellers????

 
 abacaxi
 
posted on September 11, 2000 09:37:19 PM
PinsnNeedles -
But can they cite ANY court decision that gives the owner of any trademarked item the right to block its resale in the absence of a pre-existing contract between them and the seller of the item?

If you want to make bras for cows out of Waverly fabric, as long as it is GENUINE Waverly fabric, you can mention the brand name in your advertising. When you bought it, aside from not being able to reproduce the design ON OTHER FABRIC or wallpaper , etc. showing a picture of it as part of the sale of something made from it is not reproducing the fabric ... it is showingf the USE fo the fabric.



 
 susiegirl
 
posted on September 11, 2000 09:55:01 PM
I will say again...what is fascinating to me is the fact that literally thousands of home dec shops make a living out of making custom made things for people out of Waverly and other fabrics. If Waverly were to say that only licensed Waverly outlets could sell products made with Waverly fabrics EVERYWHERE, then they would go out of business....as we all know the people who order Waverly fabric aren't just all stitching it up themselves. Now it seems to me that Waverly is unfairly finding ways to target sales of these same types of things on Ebay and other auction sites....got a sense of them looking down on these venues as "not worthy" of their product's name and prestige. Question is, is it legal of them to target just one type of seller of their product?

 
 bhearsch
 
posted on September 11, 2000 11:32:02 PM
susiegirl, some time ago we were fortunate to have an AW member's (oldstuff) dad who is a retired attorney come to AW to answer some questions concerning copyright law. You may want to read this thread:
http://www.auctionwatch.com/mesg/read.html?num=2&thread=46071&id=46071 The attorney starts answering questions on page 2.

I personally don't think Waverly has the legal right to prevent you from selling and scanning a legitimate piece of their fabric that you own. Eventually, someone will challenge the VERO (call their bluff) and possibly take the company to court. I absolutely think Waverly would lose in this case because you are not misrepresenting their product in any way. You have every right to sell it once you own it as long as it's an authentic Waverly fabric.

Blanche
[ edited by bhearsch on Sep 11, 2000 11:33 PM ]
 
 susiegirl
 
posted on September 12, 2000 01:24:28 AM
Thanks Blanche...I found that thread to be very interesting. Sounds like Waverly here doesn't have a legal leg to stand on. I will quote from their form email to me:

"Turning to the copyright issue, our company owns the exclusive copyright in the designs shown on the fabric or wallpaper. As the exclusive copyright owner, only FSC has the right to reproduce the design or to copy the design. This right extends to the reproduction in any format, including the reproduction by photos and the reproduction by uploading imagery on the Internet. The fact that you may have product bearaing our copyrighted design does not give you any right to reproduce or copy that design. By taking photographs of the design and uploading this on the Internet, you have violated FSC's rights under federal copyright law. Moreover, you have made it possible for other individuals to reproduce our copyrighted designs by downloading your pictures. This only increases the harm to FSC.

Further, there is no defense to the copying of our design and the posting of it on the Internet. You can certainly describe to your potential customers exactly what it is that you are selling without reproducing our copyrighted designs."

Now I am wondering how/why I see Waverly designs pictured in catalogs which are not Waverly catalogs....catalogs by home dec. firms which are selling custom draperies, stools, pillows, et al made with Waverly fabrics.

In another part of this email: "The fact that the fabrics or wallpapers you are selling may be genuine fabrics or wallpapers purchsed from retail and outlet stores, that you are using our trademarks merely to describe the products that you are offering for sale, and that the photographs of our products that you include on your Ebay auction pages were taken by you, does not justify your use of our trademarks and copyrighted materials in the manner displayed on the auction."

(All this is listed as "If your auction was stopped by Ebay it is because you have done one or more of the following:"....this is followed by 2 1/2 pages of single spaced type pertaining to ANY kind of selling of ANY Waverly product, new or used, current or vintage, on the Internet.....comments, please??

My apologies that this is a long post, but the subject is very very pertinent....what percentage of items sold on Ebay have copyrighted names/images?

 
 susiegirl
 
posted on September 12, 2000 01:26:09 AM
Blanche....one more comment....I re-read your post...and agree with you completely....what Waverly is saying is the fact that I own their product legally gives me NO rights to sell it on the Internet.

 
 HartCottageQuilts
 
posted on September 12, 2000 05:17:49 AM
Now I am wondering how/why I see Waverly designs pictured in catalogs which are not Waverly catalogs....catalogs by home dec. firms which are selling custom draperies, stools, pillows, et al made with Waverly fabrics.

Probably because, unlike you, they entered into an agreement with Waverly to do so BEFORE they attemptd to sell their merchandise, rather than attempting to get in through the back door (or never having thought of the matter in the first place, which I think is pretty jejeune, considering that ready-made Waverly items are in every Jo-Ann fabric shop - you're in direct competition with their own products, and it never occurred to you there'd be a problem? Gotta do some forward thinking if you want to run a business).

I understand your frustration, and I think that the fabric-selling VERO is juuuuuust a tad OTT. (Like several yards OTT.) However, anybody who makes e.g. a pillow out of Waverly fabric and then advertises it as being made of Waverly fabric is indeed using Waverly's "cachet" to generate traffic and bids, attempting to ride ib Waverly's brand-recognition coattails free of charge.
If that weren't true, why mention the Waverly name at all?



 
 abacaxi
 
posted on September 12, 2000 06:00:56 AM
Susiegirl ...
For starters, if the NAME of the company is trademarked (unlikely) put Waverly (TM) when you use it in the description, or include "Waverly is a trademark of blah corporation" at the end of the auction. Or if the name of the design is trademerked on the selvedge, list it that way in the auction. That's the legal way to handle trademarks. (I write stuff where TM and copyright is a big deal, and that's what the legal department told us to do).

There is a part of copyright law called FAIR USE ... I'd have to dig it out of the law sites, but as long as you are NOT SELLING THE IMAGES OF THE FABRIC and NOT REPRODUCING THE DESIGN on non-Waverly fabric (selling needlepoing canvas with a waverly design to stitch), you should be in the clear for copyright infringement using a shot of the fabric made up into the item.

********
EDITED TO ADD: LOOK AT THIS LINK!
http://www.loc.gov/copyright/title17/92chap1.html#107

"In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.

**********


FYI, it's the design that is copyrighted, not the actual fabric, which is merely a reproduction of the design done by the holder or company authorized by the holder of the copyright. The fact that the stuff is online does NOT change the copyright law, merely gives eBay some added responsibilities, like having to notify you AND respond to any reply you make:

http://www.qlinks.net/comdocs/uscopyright.htm gives the addition to the existing copyright law. If you fire back with the legal format the law requires, eBay has to act, and if you lay the "Doctrine of First Sale" on them, they have to back off.

QUOTE FROM ANOTHER THREAD
"The law contains a long-honored principle called the "First Sale Doctrine". This doctrine, which addresses the exact question that you raise, says that no restrictions whatsoever can be imposed on the right to resell merchandise by the first seller of that merchandise. Thus if a manufacturer sells goods, it cannot absent one of the few vary narrow exceptions there are to the First Sale Doctrine, impose any restriction on the right of the purchaser of those goods to resell them, or on the terms of any such resale."

SUPREME COURT DECISION ON THIS AT:
http://www.bc.edu/bc_org/avp/law/st_org/iptf/headlines/content/1998040801.html

"The first sale doctrine states that once a copyright owner sells a copy of his work to another, the copyright owner relinquishes all further rights to sell or otherwise dispose of that copy. The Supreme Court first adopted the first sale doctrine in the case of Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908). In that case, the Supreme Court held that the exclusive right to sell copyrighted works only applied to the first sale of a copyrighted work. 210 U.S. 339, 349-350. While the copyright owner retained the underlying copyright to the expression fixed in the work, the copyright owner gave up his ability to control the fate of the work once it had been sold. .... Justice Stevens went on to explain that the first sale doctrine only provides a defense to lawful owners of copyrighted products, "

From the summary: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution"

.... and from the text of the decision "After the first sale of a copyrighted item “lawfully made under this title,” any subsequent purchaser, whether from a domestic or from a foreign reseller, is obviously an “owner” of that item. Read literally, §109(a) unambiguously states that such an owner “is entitled, without the authority of the copyright owner, to sell” that item."


... Tah DAH!

You bought it "in the stream of commerce, and as you are not a licensee or agent of theirs, they lost ALL CONTROL after the first sale (when they sold to the fabric store OR when the fabric store sold to you). Tell the Waverly dudes to back off, because you bought the fabric in the open market and have a legal right to resell it by any legal venue in the world, and cite the Supreme Court decision back at their legal dudes.


[ edited by abacaxi on Sep 12, 2000 06:10 AM ]
[ edited by abacaxi on Sep 12, 2000 06:56 AM ]
[ edited by abacaxi on Sep 12, 2000 07:04 AM ]
 
 mark090
 
posted on September 12, 2000 06:03:43 AM
After seeing so many complaints about the actions of eBay and its VERO program, there may be only one fix. What eBay needs to have done is have a class action suit slapped against it for unlawful restraint of trade. Or for just being too stupid to live, whichever works best.

VERO=restraint of trade

 
 RB
 
posted on September 12, 2000 06:28:12 AM
I sent this email to eBay this morning (names and numbers changed per AW Community Policy):

Subject: Illegal Auctions
Date: Tue, 12 Sep 2000 08:21:37 -0600
To: [email protected], [email protected], [email protected], [email protected], [email protected]

12345678 - Home made copies of "XXX XXXXXXXX"

Please advise me what is the difference between this item and the items of mine that eBay canceled? In my case, you canceled X of my auctions within 24 hours of my listing them. In this case, I notified you about
this item 3 days ago yet it still appears.

I would like to know what I have to do to be able to relist my 'illegal' items. There appears to be some kind of discrimination going on here.

I would also like to know why over 400 auctions for XXXX are allowed to continue on your site. I have been advising you
about these for OVER 2 weeks, Lizzie has agreed with me via a telecon last Sunday that they are illegal per eBay's written policy as prepared by eBay lawyers, and I have sent Lizzie an email from XXX confirming that they are illegal. More of these confirmations from other XXX and the actual copyright holders will be forthcoming.

I intend to contact the media about this blatant disregard of the law for "some" eBay sellers yet not for others. I believe you have had ample time to deal with these issues. If you wish to respond, specifically
addressing the above issues, I will include your response in my media release - otherwise I will have to state "No comment from eBay". I plan to draft and submit my article to the media this afternoon.

Thank you for your anticipated immediate attention to these matters.


I have already got a couple of media people agreeing to run this. If anyone else here has a connection with the media, please post contact info here.

This has GOT to stop

Thanks

 
 susiegirl
 
posted on September 12, 2000 08:22:23 AM
Does the doctrine of fair use give me the right to make something of what I have legally purchased from Waverly or one of their authorized dealers, and then advertise it for sale on Ebay? I understand what HartCottageQuilts says, but don't think that EVERY small catalog co./dec. showroom/etc. etc. becomes a Waverly licensee unless they are buying direct from Waverly, and not from a wholesale distributor of Waverly products. I purchase Waverly here in Memphis at a home dec. fabric store, they give me a decorator's discount...and then I make my objects from this fabric. Waverly doesn't sell ALL its patterns to this store as they have a regular Waverly store up the street whose prices are MUCH higher...and a Hobby Lobby store down the street whose prices are MUCH lower and design selection even more limited. All three, I am assuming are "authorized Waverly dealers"....and do offer a discount plus no sales tax to people who are in business making products to sell using Waverly products. Now how on earth would we sell those products without advertising them somehow, someway??? Just trying to learn before I act. Now I know that some fabric companies just automatically give the right to sell products made from their fabrics if the amount of fabric falls below some low threshold...as in 15 yards.

 
 abacaxi
 
posted on September 12, 2000 08:53:19 AM
susiegirl -
Forget "Fair use" ... that applies to making copies of copyrighted things, and you are USING Waverly fabric that reproduces their copyrighted designs on fabric they manufacture.

Under the two sections of US law I cited, under existing copyright law you have a legal right to photograph lawfully acquired copyrighted items for advertisements for resale. And, in the Supreme Court decision I cited about "First Sale Doctrine" ... "the copyright owner gave up his ability to control the fate of the work once it had been sold."

I think that reasonably means that they can't control what you do with their fabric after you buy it EXCEPT sue you for violating their copyright ONLY IF you reproduce the design on other items and sell it. There is a clearly writen exception for using images in advertising, and using their fabric to make things from does not in any way violate copyright laws. What were you supposed to do with it? Eat it?

As long as it is NOT a pirated ripoff of a Waverly design, and as long as you are not REPRODUCING the design on your objects, you are legally in the clear.

 
 sudsbox
 
posted on September 12, 2000 09:34:10 AM
I am a Vero IP member, and I have had several auctions shut down. If I mistakenly shut down an auction, I can be held accountable. eBay is hands free from this matter. I know what images I own, as well as the text for a product I have been selling for quite some time. I had a conversation from an individual a while back and this is what he had to say:

sudsbox asked: I have heard a lot of rumors from people stating their auctions were shut down for just using a word like -ex-
( Magnavox ). Can they do this?

Vero: No they cannot. Based on the Copyright laws, the Vero member must base it on actual IP that they own, and base it on a written document such as a web site or magazine, etc. If actual textual descriptions were copied from this company, yes, they can shut you down, but not for advertising a product with just their name, unless -ex- you were trying to sell a home stereo system you made with your own materials and you labeled it with the model (Magnavox). If you had one of their actual home stereos, and you were trying to resell it, so long as the textual description stated in your auction was created by yourself, and the image you use is one you have taken personally, you can run that auction.

sudsbox: So, just stating the word "Magnavox" will not get my auctions ended?

Vero: No, unless you are using their IP and they are a Vero member.

sudsbox: What happens if someone like that company comes along and shuts down one of my auctions by mistake?

Vero: You can file the form we have available to appeal it, and you must sign it, etc. and send it to us.

sudsbox: I am a Vero member also. I know when I signed up and completed the documentation, it clearly stated that I certify by law and my signature, that in fact this was my IP when I reported it, and I could be held accountable otherwise. What liability does a Vero member have when shutting down an auction either by anger because someone is using their name (where allowed), etc.

Vero: The Vero member is responsible for his/her/their decision. If you owned Sony, and a user was selling a Sony TV they purchased and decided to sell it, so long as you were not using any of their IP (copyrighted text, logos, or photos belonging to Sony), they could in fact be held accountable for interfering with your auction(s). This is something you would have to seek legal counsil on.

sudsbox: So, just because eBay was the person who shut down my auction, only Sony, Magnvox, (using these as examples) as a Vero member could be liable.

Vero: Correct. Thats why the Vero member signs the documentation. It releases us from liability. If we gave Vero members the authority to close auctions, it could become an insecure situation. While we value our community, we cannot give any outside sources access to secure locations that function eBay.

-------------

So.. I would first ask: The items you were selling.. Did you use any of this companies images from a catelog or their website?

Did you copy any of their text, etc. to use in your auctions?

Did you describe this as their item, even though it is something you were making, or did you only label it as that product being included to actually make this.

I would seek legal counsil and take it from there.

Good luck
 
 HartCottageQuilts
 
posted on September 12, 2000 09:35:53 AM
I dunno. She's making e.g. pillows of Waverly fabric. Waverly makes pillows of Waverly fabric. I think the issue isn't whether she's "reproducing" the fabric, but whether she's reproducing the pillows and then compounding the problem by using the Waverly name to market them. She's not making them for personal use, but for profit, and as I see it at least (for what that's worth), she's directly competing with Waverly for its accessories market.

It's a tad different if e.g. a decor shop is selling BOTH Waverly fabric AND making a few pillows for sale as well - the pillows display the fabric and are not the primary source of the shop's revenue, AND I doubt that the shop has "Wavery Pillows for Sale" in the window (which is basically what susiegirl's Ebay ad does). On my web page I tell people "go ahead, steal my quilt designs", but if somebody lists a quilt they've made from my freely-offered designs as a "Hart Cottage Quilt" - effectively using MY "cachet" (hah) to market THEIR stuff, even I'm going to be miffed.
[ edited by HartCottageQuilts on Sep 12, 2000 09:41 AM ]
 
 susiegirl
 
posted on September 12, 2000 09:46:07 AM
To clarify, I am not "reproducing" Waverly's pillows, not trying to pass off something I have made as something made by Waverly. I clearly state in my auctions that the product is handmade by me...list myself as the manufacturer. In the future, I will further clarify the listing to spell it out very very directly, and may change the auction name to something like "Waverly Fabric French Style Pillow", or "Waverly Fabric Red Toile Pillow". I am not making Waverly "knock-offs". My potholders are VERY different from the ones that Waverly sells in their stores. I am reproducing an image of the product that I have made myself with Waverly fabric that I have purchased at a legitimate Waverly dealer. It begins to sound to me that Waverly doesn't have a leg to stand on here, what do you all think?? This is truly a bizarre situation.

 
 susiegirl
 
posted on September 12, 2000 09:50:54 AM
How about if they buy a quilt from you legitimately, then advertise it as a Hart Cottage Quilt, then specify that it was not made by them....is that legit? I think so. Fair use would say that after you sold it to them, they then have a right to identify it and sell it again. Truth of the matter is the fabric stores that stock large amounts of home dec. fabric, sell most of their stock to decorators/seamstresses/design shops to do exactly that....make the fabrics into things that are then sold without giving Waverly a cut. Waverly has competitors on all levels. Now there was a seller who was selling kitchen towels with crochet tops and identifying these towels as Waverly patterns, which they were not....just similar....this clearly is illegal.

 
 susiegirl
 
posted on September 12, 2000 09:52:40 AM
Waverly's email to me clearly states as well that they do not allow fabric to be sold either, no matter where/how it was purchased, even if antique or old discontinued Waverly fabric. They say they cannot guarantee its quality.

 
 abacaxi
 
posted on September 12, 2000 10:00:00 AM
Susie ...
"Waverly's email to me clearly states as well that they do not allow fabric to be sold either, no matter where/how it was purchased, even if antique or old discontinued Waverly fabric. They say they cannot guarantee its quality."

As long as you are not FALSELY claiming that a fabric is Waverly, they can't LEGALLY do a thing if you describe the item accurately.

Fire back a challenge to the VERO action TO EBAY (see thread on VERO defense for the required format), and tell them that you have a legal right to resell the fabric and to show the articles. Cite the "Doctrine of First Sale" and that seciotn of copyright law at them.
Let Ebay know that you know they MUST reinstate your auctions within the 10-14 day period the law requires unless Waverly files a real lawsuit.
Waverly will have to either file a REAL lawsuit they can't win or let the auction stand.

Maybe that's why some sellers don't get whacked ... they whacked back and the VERO backed down.
[ edited by abacaxi on Sep 12, 2000 10:10 AM ]
 
 HartCottageQuilts
 
posted on September 12, 2000 01:05:04 PM
Actually, somebody did resell one of my quilts (coming across it was a weird experience, like finding a photo of yourself in a box of pictures at a flea market, which I have also done). I had no problem with it because I had made the quilt to my quality standards - it really WAS a "Hart Cottage Quilt". If, as in the example I gave, somebody took one of my designs and then marketed their work as "Quilt - Hart Cottage Design", yes indeedy, I'd be annoyed. Wacky as it may sound, I want to control the quality of goods that bear my name - that famous HCQ "cachet"

[ edited by HartCottageQuilts on Sep 12, 2000 01:06 PM ]
 
 bhearsch
 
posted on September 12, 2000 02:11:59 PM
susiegirl, Waverly has simply overstepped the boundaries of Copyright Law and they will continue on this course if they can get away with it. The law is on your side and if I were in your shoes, I would vehemently protest the closing of this auction.

Follow the proper procedure for protesting the auction close by requesting the Counter-Notice form and include the appropriate copyright law links that abacaxi supplied. Also, send a copy of the completed form and links to the Waverly VERO as well as eBay. You are in the right and Waverly is wrong. They will lose if they take you to court and I'm sure their attorneys know the boundaries concerning these laws so that will probably not happen.

BTW, I am suggesting that you do this because I would if I were in your place. My former husband is an attorney and when I told him what Waverly said to you in their email his mouth fell open. We all have the right to sell something that we legally purchased as long as it is authentic AND doesn't specifically say that it cannot be resold. (like promo CD's etc.)

When I first read your opening post I thought the auction had been closed because of the wording in your title which could indicate that the pillows were made by Waverly. I could see that as a legitimate VERO issue but saying that you can't take your own photos of your own hand made pillows covered with Waverly fabric is, IMO, absurd

I really hope you call their bluff and if they do take you to court, which I think is highly unlikely, I'll go with you!!

Blanche
 
 RB
 
posted on September 12, 2000 02:37:45 PM
bhearsch - Promo CD's CAN and ARE sold on eBay all the time, in spite of eBay's written rules, in spite of the copyright infringing issues, and in spite of repeated warnings from their users. In these cases, as well as other promotional items that are clearly not allowed, eBay allows them to continue unmolested as they would be losing too much revenue if they obeyed the law. Check out their current listings - you'll find 100's of these

One of these days they are going to get a rude awakening. It's one thing to claim ignornace as they are so adept at - it's something else to knowingly allow an illegal activity to continue on their venue in spite of repeated warnings.



 
 sudsbox
 
posted on September 12, 2000 10:42:12 PM
If they told you that you could not sell their fabric at all, old antique or a recent purchase, they are sadly mistaken. I might just have to find one of these and advertise it. I would love for a company to attack my auction. Once I purchase that item, I have complete rights to do what I want with that item.

That's like saying: You bought a 1997 General Motors Truck, and you turned around and ran an ad in the local newspaper to sell it. Do you see General Motors closing down the entire classifieds sections in ANY newspapers in the country?

I would love to see someone stand up, file suit against a company, and wake these slappy's up who are Vero owners. They download the PDF form from eBay, fill it out, and fax it in. Boom! They are a Vero member.

I can't sew a quilt, put a brand name on it, and expect someone later down the line to not want to sell it. I would suspect that could occur.

Once again, you should seek legal council regarding this matter.

I can't wait for someone to go after a Vero member.. Didn't I just say that? hehe

Reason being: Once someone does, and they find the Vero member accountable for Tortuous Interference of their sales, it will get media attention. Them other Vero members will scratch their head and wake up. eBay will most likely tighten up their Vero policy. THEN, Vero issues won't be Vero issues, unless there is a REAL Vero issue.

Get it? Got it? I hope so...
[ edited by sudsbox on Sep 12, 2000 10:45 PM ]
 
 abacaxi
 
posted on September 13, 2000 05:05:50 AM
Susie -
I just noticed this post ... You said this is part of the email that Schumacher/Waverly sent you?
"Turning to the copyright issue, our company owns the exclusive copyright in the designs shown on the fabric or wallpaper. As the exclusive copyright owner, only FSC has the right to reproduce the design or to copy the design."
True, within certain limits of the copyright law ... they can legally prevent you from making more fabric, or wallpaper, or whatever, with that design

"This right extends to the reproduction in any format, including the reproduction by photos and the reproduction by uploading imagery on the Internet."
Again true, EXCEPT for that pesky clause about "copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports."


"The fact that you may have product bearing our copyrighted design does not give you any right to reproduce or copy that design."
Utter BULLSHIFT! As the owner of an item bearing a design copyrighted by Schumacher, you have a FEW rights under the federal copyright law they are citing, and one of them is the right to make pictures for advertising the sale of that item.


 
 RB
 
posted on September 13, 2000 05:54:24 AM
I have a picture taken of some family and friends, and, gulp, one of them is wearing a skirt made of Waverly fabric. Damn --- don't report me pleeeze

 
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