Clarification on what is copyright infringement? and what can't we sell on ebay Australia.

[god-of-deals]

I had an electric guitar listed, which is a replica of an orginal guitar. The brand is Ibanez.

The guitar includes the original logo which was visible on the photo, and I mentioned the brand name in my listing etc, and when I listed the item I made no secret that this was a replica so no buyer could be deceived.

I have been informed by ebay today that I have breached copyright infringement. 

Now I am assuming that this is because I have mentioned the brand name in my listing (even though I specify that it is a replica) and the photos utilise the Ibanez logo..?

For argument sake, if I did not mention the brand name or show any photo which displays the logo would this be ok to sell as per policy?

Cheers for your help

[bsal6160]

If it is NOT an Ibanez guitar then you  CAN NOT mention or show the name anywhere in your listing. If it is not an original then its a FAKE. Replica = Fake. Breaching Copyright means using the copyrights name or logo without gaining permission from the copyright holder first.

[god-of-deals]

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@bsal6160 wrote:

If it is NOT an Ibanez guitar then you  CAN NOT mention or show the name anywhere in your listing. If it is not an original then its a FAKE. Replica = Fake. Breaching Copyright means using the copyrights name or logo without gaining permission from the copyright holder first.

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Thank you for your reply.

So if I list the item with no mention of the name or the logo showing then I am OK to sell an item? Have I understood this correctly?

In this case, the item will be listed as a generic electric guitar (no brand name mentioned anywhere)

[digital*ghost]

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@bsal6160 wrote:

 Replica = Fake. 

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No, it doesn't. There are tons of officially licensed replicas, or - if the item isn't protected by copyright / trademark - plain old replicas that don't breach any IP laws (eg licensed sportswear that are replicas of jerseys for an example of the former, replicas of antiques for an example of the latter). Replica, however, is a volatile word on eBay, and many people (including eBay) misunderstand it.

Whether or not the OP breached any policies or IP laws is down to what brand the guitar was, and what it was a replica of (and/or whether it was an officially licensed replica where applicable). OP, bsal is correct in that if something carries a brand / label and it was not manufactured (or licensed) by that brand / label, the item is in breach of copyright and you can't sell it. If it is an official product of the brand name, then most of the time you can list it (avoid words like replica, reproduction is probably safer but don't take that as gospel, eBay's whims are haphazard at best.

Some items are protected under eBay's VERO program and quite often will get pulled whether they're legit or not. 

[bsal6160]

Thats correct, unless of course you know the exact makers name.

[digital*ghost]

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@god-of-deals wrote:

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@bsal6160 wrote:

If it is NOT an Ibanez guitar then you  CAN NOT mention or show the name anywhere in your listing. If it is not an original then its a FAKE. Replica = Fake. Breaching Copyright means using the copyrights name or logo without gaining permission from the copyright holder first.

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Thank you for your reply.

So if I list the item with no mention of the name or the logo showing then I am OK to sell an item? Have I understood this correctly?

In this case, the item will be listed as a generic electric guitar (no brand name mentioned anywhere)

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Ok, so to clarify, this is a generic guitar with a fake label for a brand on it?  Technically, it's not ok to even have it, AFAIK... A generic guitar should look 100% (and be advertised as) generic (i.e. it's not enough to just not mention it in the ad).

[god-of-deals]

Thanks for your help guys, it clears up alot.

So I will try re-listing again without use of any logo, or mentioning the brand name in the listing.

I will not use the word 'replica' either, rather i will use 'reproduction'

Any other pointers will be appreciated..

Cheers 

[digital*ghost]

If it's a generic brand guitar, it's not a reproduction, no matter what it looks like. 😉 

[god-of-deals]

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@digital*ghost wrote:

If it's a generic brand guitar, it's not a reproduction, no matter what it looks like. 😉 

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Sorry you lost me there... how do you mean?

If it is a generic name brand for example.. XYZ guitar but it looks like an ABC guitar, I will not mention ABC in my ad or display any photos that show the ABC logo..

What can or can't I say in my ad? Can I say this is a reproduction? Or can I say "this looks like an ABC guitar!"

[digital*ghost]

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@god-of-deals wrote:

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@digital*ghost wrote:

If it's a generic brand guitar, it's not a reproduction, no matter what it looks like. 😉 

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Sorry you lost me there... how do you mean?

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What I mean is, a generic guitar is a generic guitar, it's not a reproduction of a brand name guitar, even if it looks like a certain brand's guitar. 

To put it another way, if I go to Target and buy a cheap plastic doll, they will not advertise it by saying "this doll is a reproduction of Mattel's Barbie Dolls", even if it looks exactly the same. The reason being, one brand, generic or otherwise, can not trade on the name of another unless officially licensed to do so.

So, if it's a generic guitar, it's not a reproduction.