by pdalowsky » Fri Oct 10, 2008 8:32 am
Heres the problem the guy has had with the UK and Germany....
The rights owner, British Phonographic Industry Limited (BPI), notified eBay
that this listing violates intellectual property rights. When eBay receives
a report of this type of violation, we remove the listing to comply with the
law.
eBay Listing Removed: Copyright Violation - Unauthorized Item
They said :
Your item is listed as
"Post to: Worldwide"
We have screenshots of your auctions that show this. In any event, this
would imply that you are prepared to sell to the European Economic Area.
The products had not been first placed on the market in the EEA with the
consent of the copyright owner in the EEA and they are being offered for
delivery to purchasers in the EEA. The issue to the public of the product
(and all other recordings that have not been first placed on the market in
the EEA with the consent of an EEA copyright owner) is an infringement of
the distribution right conferred by Section 18 of the Copyright Designs &
Patents Act 1988 ("the Act"). This provides that:
"the issue to the public of copies [of sound recordings] is an act
restricted by the copyright in [sound recordings]" and that references to
the issue to the public are to "the act of putting into circulation in the
EEA copies not previously put into circulation in the EEA by or with the
consent of the copyright owner".
In addition to primary infringement under Section 18, by offering the
product for sale in the United Kingdom you are also infringing the rights
provided by Sections 22 and 23 of the Act. Section 22 provides that: "The
copyright in a work is infringed by a person who, without the licence of the
copyright owner, imports into the United Kingdom, otherwise than for his
private and domestic use, a [sound recording] which is, and which he knows
or has reason to believe is, an infringing copy of the [sound recording]."
Section 23 provides that:
"The copyright in a [sound recording] is infringed by a person who, without
the licence of the copyright owner:
(a) possesses in the course of a business;
(b) sells or lets for hire, or offers or exposes for sale or hire;
(c) in the course of a business exhibits in public or distributes; an
article which is, and which he knows or has reason to believe is, an
infringing copy of the work"
Pursuant to Section 27(3) of the Act, an infringing copy includes a CD
which:-
(i) has been or is proposed to be imported into the United Kingdom; and
(ii) has been manufactured outside the United Kingdom by persons who did not
have a licence from the owner of the United Kingdom copyright in the sound
recording of which the CD is a copy to manufacture inside the United
Kingdom; In the light of the above provisions, we insist that the products
offered for sale by you to consumers in the United Kingdom remain removed
from sale to ensure that no further infringements occur.
)
