Cease and Desist Demand Advice

[whitedoorbrands]

Hi all,

I will be quite straight to the point,

Can you claim copyrights under Cease & Desist Demand for an ebay advert? including the text and images that can be obtained from google search?

thank you

 

[Deleted member 59730]

http://www.legislation.gov.uk/ukpga/1988/48/contents has everything you need to know.

 

[Deleted member 59730]

I think, you cannot.

As the OP is in the UK I think he can. I have a case at the moment which I will pursue through IPEC.

 

[whitedoorbrands]

But what if the images can be found on various other sites and by a simple google search?

 

[fisicx]

The existence of an image on another site doesn't mean you have permission to use that image. I'm assuming you have been told to stop using an image and some copy. If you have lifted this from somewhere else without permission your only option is to take them off ebay immediately.

 

[obscure]

Agree with the above. Just because something can be found on the internet does not mean you are free to use it (just as something found in a magazine is also copyright and so is something seen on the TV). Publishing something on paper or on the Internet doesn't make it free to use. You need permission from the Copyright holder and if you don't have it they can sue you for copyright infringement. In fact, if you have been using it then just removing it wont be enough, they can still sue for the time that you were using it.

 

[whitedoorbrands]

That's fair enough. Can appreciate that.

Would this normally come through from the claimants email domain quoting a solicitor missing all contact details?

 

[Newchodge]

It can come from anywehre the copyright owner chooses to send it.

 

[fisicx]

The source of the cease and desist is irrelevant, you have used copyright material so you should new remove it from your ebay listings.

 

[whitedoorbrands]

Completely agree, and no ones disputing that so we can close that one where it is - in addition the listing was modified immediately to rectify the claims.

I have posted more for advice and feedback to get a better understanding for future reference, hence the questions as it is a forum.

I guess from our perspective, we have had our adverts cloned by other sellers before and took action before and if a direct competitor was ahead of you what better way to slow them down, especially if it can come from anywhere. Part of it could be, how valid are the claims and why not go through eBay if there was an issue...

 

[Chris Ashdown]

It sounds like you may be playing with fire, Its not a game or one upmanship, people own copywrite and the courts defend it very well

If they do go to the likes of ebay or google the imidiate likely reaction would to be to ban all your adverts and for ebay probably close paypal as well

Might be far wiser to just obay the law and take your own images or get permission to use supplied images and your own wording

 

[obscure]

Completely agree, and no ones disputing that so we can close that one where it is - in addition the listing was modified immediately to rectify the claims.

Just in case you don't realise, modifying the listing doesn't protect you against prosecution. You used someone's copyright material without their permission in breach of copyright law. Just because you have stopped now doesn't mean they can't sue you for the time that you were using it. The UK now has a small claims system for copyright disputes (for amounts up to £5,000) which makes it much easier for small businesses/individuals to sue other small companies (like E-Bay traders for example).

 

[Deleted member 59730]

I think you'll find the limit is now £10,000. Too many cases were getting close to the £5,000 limit.

 

[obscure]

Thanks for the update/correction Bob.

 

[SamStones]

What's the name of this uk procedure please? Could come in handy...

 

[Deleted member 59730]

What's the name of this uk procedure please? Could come in handy...

IPEC

https://www.justice.gov.uk/courts/rcj-rolls-building/intellectual-property-enterprise-court

 

[The Byre]

Part of it could be, how valid are the claims and why not go through eBay if there was an issue...

I have to admit that I am getting tired of people who aught to know better, stealing images, music, text, etc., from our websites and other places. Pictures, music, videos and text are property, just as your house and garden are property. If we fail to defend our property, then there is a presumption in common law that we place little or no value on that property and can be regarded as existing in the public domain.

I one case, some idiot in the US published an entire book that we held the copyright to. This was a prestigious publication of about 1,000 pages and leather bound. As we had no intentions of publishing this book, rather than sue this worm, I waited until he had done all the work, the layout etc., and had printed the books. Then we put the entire thing on-line and for free, but with a copyright notice of course!

If someone is selling something on ebay, is it beyond the wit of man to take a photograph?