Results 1 to 12 of 12
  1. #1
    Full Member TLE's Avatar
    Join Date
    January 21st, 2005
    Location
    Southern California
    Posts
    338
    facebook / eBay issue
    Hi Y'all,

    I really could use your thoughts on this issue, from a business/marketing & technical standpoints. I'll leave the legal advice to the professionals.

    In summary, I'd launched a facebook app about a month ago, in the art niche and using eBay's API. Competitively, AllPosters has the fb art/print market somewhat wrapped up at the moment, so I'd thought it would be refreshing to bring a little eBay creativity into fb.

    Below is a fb message I'd received a couple of days ago, my immediate response, & fb's tos warning to my app this morning. Although I'd logged the first eBay visit to my app about this time yesterday, fb messaging & telephonic messages have yielded no response.

    My difficulty, in communicating/dealing with this issue, is the inherent newness of social marketing. I understand the technology, but how do you explain to someone that you're working for there benefits and that this is not outright theft.

    -------------------------------------------------------


    Hello,

    I am an artist who sells some of my work on ebay. I was notified by a customer of mine who said my art is on facebook and free for anyone who would like to upload it to their personal page. My artwork is protected by copyright laws and it is illegal for anyone to take the image of my work without written permission from me, the artist.

    I also see that there is a link to purchase the work, which is appreciated, but not at the cost of people stealing my images.

    I truly think what you are doing with artfest is illegal and am looking into protecting myself and my work, along with many artist friends who's work I've seen on here.

    Sincerely,
    *****

    ------------------------------------------------------------

    Hi *****,

    Thanks for the notice. To be clear, I am an eBay affiliate, please see
    http://affiliates.ebay.com/ for more information as to this eBay marketing channel.

    It would be my pleasure to immediately remove your art work(s) from the artfest application, if you will identify them to me by title or eBay listingid.

    The same offer applies to any other artists on eBay, including your friends, who chooses not to have there works marketed on artfest.

    As a final note, you should look at eBay's own facebook application, which will essentially let others (who have your art work on there watch list) to also display your artwork.

    We are all trying to drive more visitors to your eBay listings and that's the sole objective to these eBay facebook applications.

    Thank you for the opportunity to address this issue and be sure to send me your listingid's.

    Best,
    Tuan

    ----------------------------------------------------------------

    Hi,

    A Facebook user reported that your application ArtFest - Unique Art by Talented Artists violates our Terms of Use. The user reporting it selected Inappropriate or pornographic content as the violation. This person also said:

    "Content is violating copyright laws of THOUSANDS of ebay artists who are/were COMPLETELY unaware that ArtFest is presenting their artworks as "Free to use".

    Had ArtFest bothered to ask these Artists most of them would have been very happy to allow use of their art in this way as long as the image included their copyright notice.

    ArtFest has NOT sought legal permission for much of the artworks listed in the application.

    This application MUST be brought into compliance with US Copyright Law or Facebook may just find itself in a lawsuit with eBay and thousands of artists!"

    Please investigate this issue.

    Thanks,
    The Facebook Team

    -------------------------------------------------------------

    Thanks for your thoughts on this.
    Tuan
    [url="http://www.wholesaler.com"]Wholesaler.com[/url]

  2. #2
    ABW Founder Haiko de Poel, Jr.'s Avatar
    Join Date
    January 18th, 2005
    Location
    New York
    Posts
    21,609
    Tuan,

    First let me say Wow, great idea!!!

    I added the application to my fb to see exactly what it does and how it works. If an individual right clicked and saved the image off ebay and then uploaded the image to their FB or it would be a (C) infringement because they don't own the rights to the image.

    Your facilitation of, "allowance" and encouragement of them to save the picture to their gallery wouldn't make you directly a (C) infringer but definitely would open you up to some sort of liability simply because of the role you play in the process. Subsequently FB had to send you that notice.

    Moving forward I think it prudent to have some sort of logged approval process for the specific use of the art - easy enough of a system to automate, but it might be a better idea / easier hurdle yo overcome if you use CP or IK art as the source and link to their stores.
    Continued Success,

    Haiko
    The secret of success is constancy of purpose ~ Disraeli

  3. #3
    Full Member TLE's Avatar
    Join Date
    January 21st, 2005
    Location
    Southern California
    Posts
    338
    Thanks Haiko, for your thoughts and advice, i really appreciate it.

    eBay's silence on this is deafening and it's freaking me out.

    No matter what, I have to action this weekend and IK is next up to bat. Deb & I have already been corresponding about the app.

    Thank You,
    Tuan
    [url="http://www.wholesaler.com"]Wholesaler.com[/url]

  4. #4
    http and a telephoto
    Join Date
    January 18th, 2005
    Location
    NYC
    Posts
    17,708
    Double wow. eBay should be behind you all the way on this one. Otherwise, they may as well shut down the affiliate program.

    Looking forward to working with you more on the IK side of this.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  5. #5
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    4,423
    Did you get permission from ebay before starting this project?

    We contacted them before launching a project which while nothing like yours, shares the idea that ebay generated content would appear on other sites. I've done this enough to know, get permission first, then when something like this happens you can just remind them of the original agreement. As it stands now, it is probably getting shuffled around to 50 people while they guess at their official policy.

    One issue I can see is, they will always side with the seller.

    Chet

  6. #6
    OPM and Moderator Chuck Hamrick's Avatar
    Join Date
    April 5th, 2005
    Location
    Park City Utah
    Posts
    16,646
    I read this thread with great interest! Why would an artist who is against their images being hosted on others sites be selling them on eBay? If they do sell them can they restrict eBay from including them in the affiliate program.

    Haiko I added the app to my FB profile but can't figure how to display it. Still a FB newbie!!

  7. #7
    ABW Ambassador
    Join Date
    January 18th, 2005
    Posts
    4,423
    Quote Originally Posted by Chuck Hamrick
    IWhy would an artist who is against their images being hosted on others sites be selling them on eBay?
    Why would comedy central sells ads on their network when they are against people sharing the clips on youtube... I don't get this point.

  8. #8
    Full Member TLE's Avatar
    Join Date
    January 21st, 2005
    Location
    Southern California
    Posts
    338
    Hi Guys & Gals,
    Quote Originally Posted by loxly
    eBay should be behind you all the way on this one. Otherwise, they may as well shut down the affiliate program.
    Thanks Deb.

    Quote Originally Posted by chetf
    Did you get permission from ebay before starting this project?
    Should have, you're right. Although after 2 certified app and over a dozen sites, I thought I'd everything covered. Functionality wise, in addition to eBay's own fb app, my app just matches what a dozen other ap affiliates and another hundred amz aff are doing.

    Quote Originally Posted by Chuck Hamrick
    Haiko I added the app to my FB profile but can't figure how to display it. Still a FB newbie!!
    Sorry Chuck, i've just disconnected it from eBay. I'll work on my usability.

    Thank you everyone for your comments & suggestions. I've decided to disconnect ArtFest from eBay's API and move on with this project.

    Tuan
    [url="http://www.wholesaler.com"]Wholesaler.com[/url]

  9. #9
    Staril - Mad Cat Woman Sue's Avatar
    Join Date
    December 12th, 2005
    Location
    Switzerland
    Posts
    1,310
    Looking at the application and the comments, it seems that the problem was that the description is suggesting people use it to show art on their facebook pages and send to their friends ... and that is what the artists were not happy about. I can see their point ... if you display it simply for sale then that is perfect ... but to display and suggest people "copy" the art is most definitely not OK. Most artists wouldn't be happy with that. Why should people buy their art if they can simply copy it. I know that wasn't the intention of your application but that is the way a lot of artists would read it ... they can be very sensitive about the usage of their work.


    Sue

  10. #10
    http and a telephoto
    Join Date
    January 18th, 2005
    Location
    NYC
    Posts
    17,708
    Sue, that is part of the "fun" of a facebook app, letting people send or show things to other people. So displaying the art is like recommending it, not like just decorating your page with it. And along with the displayed art is a link to purchase it.
    Deborah Carney
    TeamLoxly.com BookGoodies.com ABCsPlus.com

  11. #11
    Staril - Mad Cat Woman Sue's Avatar
    Join Date
    December 12th, 2005
    Location
    Switzerland
    Posts
    1,310
    Oh I understand that ... but I can see that many artists wouldn't see it that way.

  12. #12
    Full Member TLE's Avatar
    Join Date
    January 21st, 2005
    Location
    Southern California
    Posts
    338
    Hi Sue,

    Thanks for your summary and you're spot on as to the main issue expressed so far by the artists. Apparently discussion are being made in private art related forums, so to keep things public, I've opened up a thread here.

    Deb, for completeness, an argument needs to be made from the marketing side. I'm working on that and its along the line of what you're expressing.

    Thanks Gals,
    Tuan
    [url="http://www.wholesaler.com"]Wholesaler.com[/url]

  13. Newsletter Signup

+ Reply to Thread

Similar Threads

  1. ebay tracking issue
    By xso in forum eBay Partner Network
    Replies: 5
    Last Post: May 18th, 2008, 10:26 PM
  2. ebay.com ACRU reporting issue - CJ Program
    By Tracy in forum eBay Partner Network
    Replies: 1
    Last Post: April 8th, 2008, 01:41 AM
  3. eBay Affiliate Reporting Issue Notice...
    By Boom or Bust in forum Commission Junction - CJ
    Replies: 3
    Last Post: March 1st, 2008, 01:10 AM
  4. Ebay issue
    By fg20878 in forum Commission Junction - CJ
    Replies: 2
    Last Post: March 29th, 2005, 01:13 AM
  5. eBay lead activation issue
    By Ralph Slate in forum Commission Junction - CJ
    Replies: 1
    Last Post: April 1st, 2004, 06:51 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •