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Is your description or photo being used on someone else's auction listing, without your permission?
First, you may want to email the user and ask him/her to remove your photo from the listing. Many ebay users are not aware of the copyright rules and will quickly comply with your request. Here is the information and links that you may want to include in your email:
http://pages.ebay.com/help/confidence/vero-image-text-theft.html (This page contains a link to report the infringement.)
I usually give the person 24 hours to comply with my request. If he/she ignores me, I report the violation to eBay.
I reported a competitor for using my photo. Three days after I used the web form, I got this email with this NODI form. After I filled out the form and emailed it, the offender's listings were removed.
I now copy and paste this form immediately and submit it by email right after I submit my webform complaint.
Hello,
Thank you for writing us about the unauthorized use of your copyrighted text and
images. We have developed our description and image protection policies to
address these issues. As you know, eBay does not create, review, edit, or
approve the content of any listing posted on our site. However,
recognizing that some posted listings may infringe the intellectual property
rights of other eBay users, we have developed specific procedures that enable
you to identify and request removal of allegedly infringing listings. These
procedures are intended to substantially comply with the requirements of the
Digital Millennium Copyright Act:
http://www.qlinks.net/comdocs/uscopyright.htm
17 U.S.C. section 512
Our Notice of Description Infringement is included below for your convenience.
Please complete, sign, and send it back to us by email at userIP@ebay.com.
Once we have received your Notice of Description Infringement in proper form, we
can end the identified listing(s). Be sure and identify the specific listings by
number (the member's screen name or user I.D. is not sufficient), and explain,
in detail, why the
listing should be removed.
Please note that in order to use the Notice of Description Infringement, you
must have created, or otherwise own the rights to, the text, image, and/or HTML
in question. If you use the Notice of Description Infringement to report a
listing and you did not create the original work, or otherwise own the rights to
it, you expose yourself to liability under the law, and risk suspension from
eBay.
If you have any other questions, please let us know at: userIP@ebay.com
Remember the NODI is a legal document and must be filled out completely or it
will have to be returned for completion. Keep in mind, that eBay does not open
attachments because of security
concerns. You will need to fill out the NODI as contained and return
completed as a regular e-mail document.
Thank you for contacting eBay with this important listing concern.
*******************************
NODI FORM
******************
Notice of Description Infringement
Date: (Enter Today's Date..DELETE this sentence before entering the
date)
eBay Inc.
eBay Community Watch
Email: userIP@ebay.com
Dear eBay:
I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the owner
of the intellectual property rights identified below. I have a good
faith belief that the materials identified in the addendum attached
hereto are not authorized by me and therefore infringe my IP rights.
Please act expeditiously to remove or disable access to the material I
have claimed to be infringing.
Date of first use of copyrighted material:
Item number (your auction number) of the listing that you have posted on
eBay (prior to the one (s) you are ending) containing your original
material:(please make sure the item number you are submitting is still
viewable in the eBay database)
Describe the basis for your claim of infringement: (HTML, Text and/or
Image)
I may be contacted at:
Name:
eBay User ID*:
Title & Company:
Street Address:
City and State:
Zip:
Email (correspondence)*:
Telephone:
Fax:
* Your User ID and email address will be sent to the seller when the
listing is removed so that the seller can contact you with questions
pertaining to the removed listing(s).
I CERTIFY UNDER PENALTY OF PERJURY that the above is true and accurate.
I understand that my knowing misrepresentation herein that the
identified material infringes my IP rights may expose me to legal
liability for damages, including costs and attorney's fees. I further
understand that perjury is a felony which may be punishable by
imprisonment of not more than five years or a fine.
Truthfully,
Signed: (a transcribed, typed, signature is
acceptable on these
documents. Please DELETE this sentence before signing)
Addendum to Notice of Description Infringement.
List of Allegedly Infringing Listings Or Materials:
1. Item/Material
eBay Item Number:
2. Item/Material
eBay Item Number:
3. Item/Material
eBay Item Number:
4. Item/Material
eBay Item Number:
5. Item/Material
eBay Item Number:
(More if Needed)
**************************************
______________________________
eBay
Your Personal Trading Community (tm)
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