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.

[digital*ghost]

Fake items are anything that purport to be something they're not - eg a Nike symbol on a shoe not manufactured by Nike.

Your items aren't fake, per se, but I'd be willing to bet that some of them are unofficial, unlicensed (i.e. the names and images used without permission), and if so are a serious breach of copyright which would mean you are selling them at your own risk. If pursued, the fines for selling unlicensed items can be significant (I'm talking hundreds of thousands).

[foxette-in-sox]

Very clear in Ebay policies

Counterfeits, unauthorised replicas, unauthorised items (such as counterfeit Dvd’s, watches, handbags, or other accessories) or unauthorised copies (such as copies of software programs, video games, music albums, movies, television programs, or photographs) are not permitted on eBay. Unauthorised copies include (but are not limited to) copies that are pirated, duplicated, backed-up or bootlegged. It is illegal to sell unauthorised copies of media.

Guideline: If the product you are selling bears the name or logo of a company, but it wasn't made or endorsed by that company, don't list it on eBay.

Violations of this policy may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of eBay fees on cancelled listings

Loss of PowerSeller status

Sellers may not deny knowledge of, or responsibility for, the authenticity or legality of the items offered in their listings. Sellers should take steps to ensure their items are authentic before listing them on eBay. If a seller cannot verify the authenticity of an item, they are not permitted to list it.

Violations of this policy may result in a range of actions, including:

Listing cancellation

Limits on account privileges

Account suspension

Forfeit of eBay fees on cancelled listings

Loss of PowerSeller status

[foxette-in-sox]

How do you know if you're infringing someone's copyright, trademark or other rights when you create your item listings? To find out, look at the guidelines listed below. This list will help you determine if your item is infringing (violating copyright law) or prohibited (not allowed on eBay Australia). Not allowing these items on the site protects you from liability and helps make eBay a safe place for trading. Selling or buying any of these items could put you at risk for civil or criminal liability. Your listing could be ended early and you may be suspended from eBay.

eBay Guideline:

Contrary to popular belief, the fact that material is posted on the world wide web does not mean it is in the "public domain" or otherwise free to be taken, copied or used by others.Creators of web content probably have copyright, trademark and other rights in thematerial they create. Copying, modifying and possibly linking to content created by others could expose you to legal liability.

eBay Guideline:

No Copying Allowed! When you prepare your listings you generally should use only material (text, photographs, etc.) and trademarks/names that you created or own yourself, or have licensed from the owners.

What is a copyright?

A copyright is the protection given throughout the world to certain original works of authorship, including text, pictures, music, etc. The owner of a copyright holds the exclusive right to duplicate, distribute and create derivative works from his work. Auction listings often contain text, photographs and the names/trademarks of companies. The text and photographs which you create and use in item listings may be protected by copyright laws.

If you copy someone else's text or original photograph, or copy text or photographs from any other place (depending upon how much is copied), you may be infringing someone's copyright. They may be able to request the ending of your item listing through our Verified Rights Owner (VeRO) Program.

Here are some examples of potentially infringing listings:

You scan a photograph of Elvis Presley (without permission) to use in a listing in which you are selling an authentic autograph of Elvis Presley

[the-kazbar]

Using an image from a google search (whether it has a copyright symbol) for commercial perposes is very shakey ground.

The person who took the photo has rights as does the person who owns it (if it was sold to a media outlet etc) and as does the person who the photo is of.

Just because an image is in the public domain does not make it public property and you need to get permission from the rights owner or personality if you want to use it for financial gain.

Even if you were to personally take a photo of a celebrity, you would not automatically own the commercial right to print it on bags, posters etc as the celebrity owns their image even once they are dead.

You should probably do some research on "personal rights" "publicity rights" and "natural rights".

Personally I would also seek some legal advice as I believe that you could be sued for a lot of money, if not prosecuted. It is not a good enough defence to say "well, others are doing it too"

[the-kazbar]

Sorry, that first sentance should read " Using an image from a google search (whether it has a copyright symbol or not) for commercial purposes is very shakey ground."

All other typos are their for your personal enjoyment 🙂

[di*s-stuff]

Thank you all for the replies, I am doing some research right now.

Re the reply about the autographed photo of Elvis Presley -

That means that everyone who takes a photo of an autographed item to use in a listing to sell that item is actually infringing copyright??

How would you sell autographed items then? Surely no-one would buy an autographed item without at least seeing a picture of it first? Not that I have any autographed anything, I'm just curious.

[putney32]

no di.... not illegal to take a photo of an autograph to sell it,,... but you cannot sell it with a PHOTO of the person unless you have the right to use that said Photo of the person.

[foxette-in-sox]

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.

BUT,at any time during those conversations,did you SPECIFICALLY state you would be selling fakes/counterfeits/unlicenced-call them what you like.

[ambridgebuckskins]

One of my sidelines is sublimation printing also but mainly for company/business promotion, l sell a few ready made items just to keep the printer heads primed up.

Using other people's images is usually a no no unless you have their written permission. There are some web sites that have royalty free images but not photos of pop stars (l don't know what you call singers now a days but 'pop stars' will do).

l watched a local print shop get fined big big $$ for printing a tee shirt with a photo that was taken by a pro (and not paid for).

l watched a vinyl cutting mob close down because they started selling the My Family stickers and got caught.

If you didn't take the image, or don't have written permission to use an image - don't use it or sell it.

If the company (who own the One Direction rights) wanted to get all legal on you, you'd be toast sad to say.

I know 'everybody else is doing it' but they aren't the ones who get caught!