Isn't there an exception on reproduction rights for "advertising"? I
thought that's how all the cheapo documentaries got away with showing
clips from movies they couldn't afford to license actual clips from by
showing their trailers instead? It was my understanding because it
was intended to advertise the film no royalties needed to be paid.
*From:* David Lieberman
<http://us.mc315.mail.yahoo.com/mc/compose?to=dli...@aol.com>
*To:* MoPo-L@LISTSERV.AMERICAN.EDU
<http://us.mc315.mail.yahoo.com/mc/compose?to=mop...@listserv.american.edu>
*Sent:* Friday, August 21, 2009 9:33 AM
*Subject:* [MOPO] update: Mara Corday from TARANTULA gets a
little carried away....
Well....after speaking with my ebay rep a few times......and
after getting in touch with the spokesperson for Mara
Corday....ebays decision stands *for now* (my rep is still
working on it...but I'm not holding my breath). The listing
has been removed and if I attempt to re list it I will be a
violation.
yes......lunacy is alive and well at ebay.
*ORIGINAL EMAIL I RECEIVED FROM EBAY*
Dear cinemasterpieces (dli...@aol.com),
You recently listed the following Fixed Price listing:
350233078162 - TARANTULA *1SH ORIG MOVIE POSTER SPIDER SCI FI
MONSTER
The listing was removed because it violated eBay policy.
The rights owner or an agent authorized to act on behalf of
the rights owner, Mrs. Richard Long aka Mara Corday, notified
eBay that this listing violates intellectual property rights.
When eBay receives a report of this type of violation, we
remove the listing to comply with the law.
Listings or items that contain a celebrity's name, likeness,
or signature may infringe his/her right of publicity. This
right is generally defined as an individual's right to control
and profit from the commercial use of his/her identity, and is
not limited to only celebrities.
You may need the celebrity's authorization to use his/her
name, likeness, or signature in a listing or to list an item
using such elements. Items that contain a celebrity's name,
likeness, or signature may infringe his/her right of
publicity. Such items are not permitted on eBay, unless they
were made or authorized by that person.
For more information visit the following Help page:
http://pages.ebay.com/help/policies/celebrity-material.html
To take the intellectual property tutorial, please visit:
http://pages.ebay.com/help/tutorial/verotutorial/intro.html
Please be aware that any additional violations of this policy
may result in the suspension of your account. eBay understands
that you may be concerned about this situation.We encourage
you to contact Mrs. Richard Long aka Mara Corday directly if
you have any questions.
You can send an email to: /deleted/
For more information on how eBay protects Intellectual
Property, or for additional information if you believe that
your listing has been removed as a result of an error or
misidentification, please visit the following Help page:
http://pages.ebay.com/help/tp/programs-vero-ov.html
For more information on why eBay may remove a listing, please
visit:
http://pages.ebay.com/help/sell/questions/listing-ended.html
Please be assured that your listings have not been targeted in
any way. Although there may be similar items currently listed
on eBay, we review all listings that are reported to us by
eBay members or Verified Rights Owner (VeRO) program
participants. We rely on reports from our members to help
maintain the safety and security of our Community. We
encourage you to report any items by using the REPORT THIS
ITEM button on the listing so we can quickly remove any other
items that should be removed.
Thank you for your understanding.
Sincerely,
eBay Trust & Safety team
*Here is the email I sent to Mara Corday*
**
Hello!
My name is David Lieberman, owner of the website
www.CineMasterpieces.com <http://www.cinemasterpieces.com/>.
We sell vintage original movie posters on ebay and directly on
our website. These are ORIGINAL movie posters....they were
printed for use in theaters.....*we do not sell reproductions
of any kind.*
Recently we were informed by ebay that you had one of our
listings ended for an original one sheet poster for Tarantula
from 1955.
Again, this is an original linen backed one sheet movie
poster we have for sale. *It is not a reproduction*.
We are not violating your intellectual property rights by
selling a poster that was printed 54 years ago.
I'm sure that this was just an honest mistake on your part. I
can understand you wanting to prevent unauthorized use of the
image.
I was wondering if you could inform ebay that it is o.k. for
us to re list this poster. I would greatly appreciate it.
Thank you and kind regards,
---------------------------------------------------------
*And the email I received back from her (her
spokesperson/lawyer/representative whatever).*
Dear eBay celebrity memorabilia seller/dealer:
Please review the following eBay policy restrictions regarding
the sale of "Celebrity Material":
http://pages.ebay.com/help/policies/celebrity-material.html
Please be advised that Mara Corday owns, and therefore may
legally control, rights of use with respect to Mara
Corday's Name, Image and Likeness.
This email shall serve as written notification that your
use of Mara Corday's Name, Image or Likeness is
not authorized by Mara Corday.
Thank you.รพ
So basically........according to the geniuses at
ebay......anyone can complain to ebay if a listing for a fully
licensed movie poster contains their name or image (not in the
title........but even if it just appears in the ebay photo of
the poster)....and ebay will remove it. Even if the person
complaining gave permission over 50 years ago for their name
and image to be used on the poster......they can now claim
someone is infringing their rights by trying to sell that
poster that is over 50 years old.
Every movie poster listing on ebay is in potential violation
of these rules.
*David Lieberman**
*CineMasterpieces.com <http://www.cinemasterpieces.com/> |
15721 N. Greenway Hayden Loop, Suite 105 -- Scottsdale, Az 85260
_Vintage Original Movie Posters__ | 602 309 0500 |
Office/Gallery Open By Appt. Only._
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