eBay & Intellectual Property
Posted: October 1, 2006 at 7.15 pmFiled under Blogging Subscribe to comments
Only trying to do the product justice…
I am torn between right and wrong, legal and illegal as far as this subject is concerned.
Since I seriously started trading on eBay I have always taken my own
photographs of the items I am selling, often showing many images from
all diferent angles and distances. Mostly to do the product justice, to
show it in a way that someone who cannot physically hold it, see it or
feel it can make a decent informed decision about the suitability of
this item. I have baulked at the idea of using standard library shots
as is more than common for the majority of sellers. I like to stand out,
make a point; that I am someone who takes care and pride over the way a
product is shown. Ofcourse it takes time, but the effort is worth it
once you see the listing, I find that the headphones for example look
pretty damn fine with all the close-ups and odd angles.
But you cannot really ‘just’ use photos, so you need to add text. I take
the view that the product I am selling is my product and my company so
I feel I need to do whatever I can to ensure that the right image is
portrayed, one that the company can say…
"gee, this guy really likes to make our product look good, look at the photo’s and the obvious attention to detail. Great!"
So I have had this assumption that if i borrowed the copy from
the companies website to compliment my own images then everyone is
happy. Who better to describe the product, the company ofcourse. Who
would you of thought would like to have the right things said about the
product you are selling on their behalf, the company ofcourse. You
would think that they would not mind you using their text, which I am
sure cost them a arm and leg to get done by a copy writer, instead of
some sellers sincere attempts at copy writing. I know if it was my
product and my company and some seller on ebay were selling it I would
like to think I would be happy, that all exposure is good, no matter
who it is from. And in order to at least have the product accurately
described I would allow them to use the critical wording that best
advertises it.
Now I know for some companies they need to protect the ‘authorised’
dealers, we don’t want them kicking up a stink that they have some
competition from some part time ebay seller who constantly undercuts
the prices of the ‘authorised’ sellers. They also try to limit these
‘eBay cowboys’ by making them jump through hoops and what not. And what
better way than to say…
"Hey! You! You are breaking the law, these
items you have used, without permission belongs to us, it is out
Intellectual Property." Alright already, calm down.
Then
the offending listing is unceremoniously
removed by eBay leaving some pissed of seller who now has to conjure up
some witty, clever and imaginative copy. This has happened to me, I
once sold AKG headphones and because I had photographed the AKG logo
from the packaging and placed it in the listing along side my tasty
images they got eBay to remove it. Now I do not sell AKG.
Shure, whose products I have reliably sold for some time are now
jumping on this particular legal minefield. I saw one unlucky seller
only yesterday trying to sell his ‘unwanted gift’ of a shure E5C. Only
one item, not a trade seller. Yet by using the copy found on Shures
website, they have repeatedly got eBay to remove his listings until he
had a pretty sparse listing, with one ‘image’ and some honest copy
about the situation and why his listing does not describe the item in a
way Shure should like them to be portrayed. Instead the item looks like
a lost soul, no identity.This i really feel benefits no one other
than the Legal Exec’s who thrive on squashing us lowley un-legal eagles.
So, after seeing this chaps listing, after I was trying to get a feel
for the recent going price for the E5C, I devised my own copy, more a
review really and directed potential buyers to eBays VeRO page which
outlines the guidelines for Intellectual Property. At least I can be
seen to be coperating, every element of the listing is of my own making
except the Specification and Features which are allowed to be copied.
Thanks.
Anywho, just needed to get that out of my system. Every listing I now
do will be a cut version of previous listings which I guess helps
reduce the time it takes to do them. If someone wants the lowdown then
I guess then can visit the ‘authorised’ sites, get the info then go
back to that one time seller and pick up a great deal.
Three cheers for Fair Competition.
