Fake Items - Genuine Question

[di*s-stuff]

I'm asking a genuine question so I'd like genuine answers please, not attacks.

On my other thread I was accused of selling unlicensed items ie fakes. Can someone please define fakes for me. I do not claim anywhere to be selling licensed merchandise and search very hard to find images that are not copyrighted. A lot of these images are used by other sellers on ebay selling similiar items as well ( don't know if that's coincidence or they also search for non-copyright images). I then put in a lot of time and effort to make these images not only suitable but for use on the items they are being printed onto, but also look good as well.

I sell items with a wide variety of images - at what point does an item become a "fake something"?

Someone else said I could be facing gaol time because I'm dropshipping and so importing the items. Dropshipping is a perfectly legal and legitimate way to sell items as long as you pay the relevant fees and taxes.

I did a lot of research including speaking to someone from the ATO about the situation regarding taxes/GST/customs before I started my business so that I'd know what to do regarding all of that.

Thank you in advance for helpful replies regarding the whole "fake items" question.

[phorum_junkie*]

If you took those photos yourself then you own the copyright. If you didn't then the copyright is owned by the person who did and you cannot use them in any way unless you have their written permission.

If you are not creating the items themselves then it is up to you to obtain proof that the manufacturer you are buying from has that permission.

Dropshipping is of course legal, although often ill advised on ebay, but all the responsibility is yours and once again if the person you are dealing with does not have a legal right to use the copyright then the buck and the repurcutions stop with you!

[leader-of-the-band]

I do not claim anywhere to be selling licensed merchandise and search very hard to find images that are not copyrighted. A lot of these images are used by other sellers on ebay selling similiar items as well ( don't know if that's coincidence or they also search for non-copyright images). I then put in a lot of time and effort to make these images not only suitable but for use on the items they are being printed onto, but also look good as well.

I copied the One Direction photo from a 'backpack' you have listed.  I then cropped that photo and uploaded it into a reverse image google search.  I found that that image has been used in a lot of places on the internet.  I also found that that image was taken by John Urbano (who appears to be a well know photographer).

Take a look at http://www.flare.com/blog/post/63100 where the photo has the John Urbano credit immediately below it

and, I also found the image on this page http://www.billboard.com/events/one-direction-coming-to-saturday-night-live-1006434352.story#/events... where the photo has the John Urbano credit immediately below it.

So, I am only guessing, but I would say that copyright of that image rests with John Urbano and to use that for commercial gain would require his permission.

[leader-of-the-band]

I also found that one of the images for the Keith Urban polar fleece is an image that was used on the front cover of the sheet music for the song "You Gonna Fly".  Probably a safe bet that the image was taken by a professional photographer who has copyright on the image.

[di*s-stuff]

leader-of-the-band, thank you for that information. I don't know how to do a reverse image search and as you said, you do a search and the same image comes up on hundreds of sites.

I have actually  started taking down some of my listings as I don't want to be the one person to get fined for big $'s.

It's very hard to see others on here doing the same thing - some of them even have top rated seller status and have been selling on ebay for years - do they have some kind of "in" with ebay?......

I'm thinking I might try writing to some people to get permission to use photos. It would be nice to be the one person who is actually doing things the right way.

[digital*ghost]

tin-eye is one site that can do a search on images, though it generally only works if they have the same file name (i.e. it doesn't work based on image content).

There are a lot of different licences that can be granted for image use, but to use them in a commercial capacity it will cost, sometimes quite a lot depending on the original source, and exactly what rights of use the license grants (eg some won't allow you to edit the image in any way, add text etc). Sometimes with commercial licenses - especially when it comes to images of popular celebrities - not only do you have to pay a fee to be able to use the image, but you also have to pay royalties ( a percentage of total sales using that image).

The only time it won't cost (other than if you are granted permission from the copyright holder without charge) is if the image is either licensed under creative commons with a 'free for commercial use' component, or the image is in the public domain. Some artists freely give their work to the public domain or give it a CC license with some limitations, and that means you can use the image for any purpose (personal or commercial), without paying a cent to anyone, as long as any of the conditions in a CC license are met (most commonly not to alter the image and to give proper credit to the artist).

There's quite a few sites that have royalty-free images that you can buy a lifetime use license for, but they're not of celebrities or anything (general stock images, icons, banners and logos).

On a side-note - kudos to you for taking this information on board and doing the right thing. Good luck with your selling. 🙂

[leader-of-the-band]

leader-of-the-band, thank you for that information. I don't know how to do a reverse image search and as you said, you do a search and the same image comes up on hundreds of sites.

Reverse image searches are easy.

Go to this google search page https://www.google.com.au/imghp?hl=en&tab=wi

Click on the 'camera' that is over at the right hand side of the search box.  On the page that loads you click on "Upload an image" and then click on "browse" to select an image that is on your computer.

And it is done!

[phorum_junkie*]

some of them even have top rated seller status and have been selling on ebay for years

And an awful lot of them are not dropshipping as such, they have Aus bank accounts and register on the Au site but are really in China or HK and are selling direct on ebay as well as using naive sellers like yourself to dropship their cheap carp. You can see the same carp at markets and in cheapo shops, what you don't hear enough about are the raids that take place where the stallholders are arrested!

Over and over again people come here with tales of woe after dropshipping and finding out that eventually the proverbial has hit the fan.

At least as you are dropshipping you have not invested in thousands of dollars worth of stock, many poor saps have purchased a container load only to find it is worth less than nothing and can land them in jail after seeing their goods seized at the border and destroyed.

[watch-12]

hi my 12 year old bought a signed photo of louis Tomlinson when i went to pay 3 or 4 days later there were a case for non payment i told the seller the item was fake he wouldent cansel now i have a non payment on my page what to do 

[putney32]

watch.....

as this is a ONE YEAR OLD thread, not about your problem, I would suggest you open a new post to get guidance on your problem.