posted on August 3, 2001 06:32:32 AM new
In June a Buyer purchased a book in which I am the author (and copyright holder). This book consists of unbound photocopied pages (so that those who purchase it can arrange the pages to their liking and preference).
This person is now making her own copies of the book and selling it on eBay. Needless to say, this is unauthorized, illegal and a Federal offense.
I've faxed the necessary Report Form to eBay and have not heard back from them as of yet. In the meantime, the Seller is listing my product.
Two questions:
1) How long does the process take for eBay to contact me and SHUT THIS PERSON DOWN?
2) Is there a phone number or e-mail contact that I can use to expedite this process?
We all feel our problems are priority, as I do with this...
She's getting my goat, breaking the law, and cutting into my bread and butter (sales).
posted on August 3, 2001 06:47:39 AM new
Casey ...
That's pretty rotten pool.
Please keep us updated on this one. I know that sellers of other infringing copyrighted items who have been reported have been allowed to continue. eBay apparently contacts the owner of the copyright to get the scoop, and they wait for a response before taking any action ... even when it's a very obvious infrigement.
To me, it would make more sense for eBay to contact the suspected seller with a direct question like "Is it live or is it Memorex?". If they don't get an answer within a reasonable length of time, end the auction. If the seller says it's real and it turns out it isn't, consider the seller caught!
Of course, when the copyright belongs to a large operation (like a movie studio, for example), it may take a week or two for the owner to respond. By then the auction has closed and the seller and eBay have made some dough.
In your case, you are the copyright owner. It will be very interesting to see how this one goes ... Good Luck
posted on August 3, 2001 06:54:09 AM new
go to site map on ebay find VERO register as a VERO member and you can have any auction pulled whenever you choose.
spock here......
posted on August 3, 2001 06:59:18 AM new
If you actually filed for copyright (in addition to your automatic statutory copyright) then you can sue the infringer for statutory damages without having to prove actual damages.
I'd "ask the seller a question" and also pull his contact info, might wake him up.
posted on August 3, 2001 07:05:47 AM new
Spock ~ Thanks for the tip. I went to VERO but in order to register, I had to print a two-page form, complete, and fax to eBay. I'm still waiting for a reply from them to get this ball rolling.
Do you know of another/quicker way to register for VERO ~ or am I stuck in the "black-hole" of waiting for a response?
Nanntique ~ Thanks for the list of phone numbers...I'm gonna wear my fingers to a nub today if I have to, play "let's see how long I'm on hold...and how many different people I get transferred to"...and listen to Muzak all day I think!! :::smiles:::
posted on August 3, 2001 07:17:32 AM new
I don't know of a faster way to register
I would fill in the form and fax it now then I would try the numbers above and see if you could talk to a real live person about vero and offer to refax or overnight the forms to their attention
In any case you should become a VERO member in case something like this comes up in the future.
posted on August 3, 2001 11:08:31 AM new
To get the auction pulled you're going to have to send eBay a Notice of Infringement.
If you join VERO, you'll have to have your sworn statement with signature under threat of perjury on file - which is the same thing as the NOF.
VERO allows you to get auctions pulled via email once the initial forms are sent in.
However, anyone can mail eBay (or any ISP for that matter)a Notice of Infringement and they have to pull the auction or face vicarious liability for the infringement.
You mention that you sell photo copied pages and that you are the author. Are the photo copies made up of original content which you created ?
