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Disclaimer for Selling Network Screener DVDs
 

Hello all--

This is my first post to this forum, I did an hour or so of searching the archives but do forgive me if the information I seek has been discussed.

My eBay account has been suspended for 12 months due to various "Copyright Violation - Unauthorized Item" removals-- 2 separate times in the past, 20 items removed at once yesterday. I've submitted my Reinstatement form, ID & utility bill.

The removed items were all network screener DVDs, which usually indicate that they cannot be resold. However I see that many other sellers of these items include this disclaimer:

"Attn VeRO Members: This is an authentic item, in the original studio packaging. It is not a copy and as such, is not in violation of any Copyright or Trademark laws. Sale of this item is SPECIFICALLY ALLOWED under the Copyright Laws of the United States [17 USC 109(a)] which states that "the owner of a particular copy or phonorecord lawfully made...is entitled, WITHOUT THE AUTHORITY OF THE COPYRIGHT OWNER, to sell or otherwise dispose of the possession of that copy or phonorecord." As this item was lawfully made and distributed by the studios involved, it may be disposed of accordingly, as per United States Copyright Law.""

I'm wondering if the above is true and more importantly if it actually works.

Thanks in advance for your help.

John John

As you can see it usually doesent work, selling those types of items will almost always get you banned.

Just to be clear: I never used the disclaimer, so I don't know if it works. IF my account is reinstated, I won't really be in any position to try it, hence my question.

If anyone has any more specific information, examples or links to past discussion on this forum, I'd really appreciate it.

On it's face the disclaimer does make sense and eBay's rules never refer to anything like a screener-- just says "Unauthorized copies include (but are not limited to) backup, pirated, duplicated, or bootlegged copies." Screeners are none of these.

I'm not disputing they cannot be sold: I don't really know. I'm not going to rely on the messages printed on them from the networks/studios. I see a number of sellers, of various ages and FBs, with the same items, so I'm wondering if I'm doing something wrong/differently.

But I AM guessing that if eBay is willing to loose my $3,000 a year in fees, that they are illegal to sell.

And ultimately, it doesn't really matter, I am at their mercy.

For others interested in the subject, I've been selling items like this regularly for about 9 months. The first removed item was a factory sealed DVD that was not yet released. The second was a FOX screener, rather old.

This time I had bunch of DVDs up, and a few of very recent shows up, episodes unavailable on DVD and even one that had not yet aired. Definitely pushing things.

I will post with updates on the reinstatement, if only for posterity.

John John

One other note:

The eBay email I received regarding the removal of the FOX DVD had a FOX email address as a contact.

This recent e-mail with the 20 removals had no such contact.

Perhaps this means it was not the VeRO that reported the listings, but an eBayer?

John John

Of course it will not work. An illegal copy is illegal not matter what. Ebay will always ban illegal copies.....No disclaimer will get around that.

Please read my post. These are not illegal copies, they are screeners released by the studios and networks. The argument that the studios/networks cannot mandate what happens to them after they are initially distributed may or may not be valid, but it is not an absurd one.

I have seen long time sellers using these disclaimers in listings for screeners. They are still selling and I am NLRU'd. The disclaimer may or may not be the reason for this, but I am genuinely interested in exploring the differences.

If anyone has any relevant first hand experience with this or can cite any specific examples of this disclaimer working or NOT working, I'd like to hear it.



John John

It seems like eBay has changed their rules on Screeners over the last few years. I used to sell a lot of them (late 1990s), but then they changed to a "no screeners" policy. Now, looking at the rules, it doesn't say that Screeners are specifically banned, but they do ban media that is "not for sale". What I have noticed is that if you don't use the word "screener" you should be ok. Use the word "Emmy" tape for TV shows, "Oscar" or "Academy Award" for movies (or whatever the award is -- DGA, etc.). Just stay away from the word "screener" -- it seems like it is a targeted word.

No guarantees on this, of course, but its just what I've noticed.

Just an update, but I received an e-mail about two weeks after I submitted the required ID, utility bill and signed agreement.

It stated that because of the "seriousness of the violations" my account would remain suspended "indefinitely." (The original suspension notice said 12 months.)

Just posting for the record.

John John

same here
 

That's exactly what they did to me, my account was suspended for selling software without "Hardware" and they sent me an email stating that my account would be suspended for 2 weeks. When it came down to faxing them my ID & utility bill and my signed agreement they wrote me back saying Ebay has decided to keep my account suspended!!

Man I was pissed, now when they suspend me they can eat the fees!!

Hi John.

No it's a false claim.

Many years ago I worked in video distribution for BB Video stores and some mom and pop stores. We had a screener library where employees could take them home and watch and return. Long story short a screener is PROPERTY of the studio forever and needless to say....never to be sold....We were given screener's from time to time as they would pile up, etc but technically they are 'on loan' and to be returned to the studio but of course the studios know that's not going to happen so they look the other way. The same applies to posters, radios, cloths, etc, any and all manner of P.O.P promotional items - PROPERTY of the studio forever. Even if you find one on the sidewalk or are given one it's still property of the studio.

I also got suspended for "Copyright Violation - Unauthorized Item" removals 9 days ago and I admit they were DVD-Rs and I should have stopped after the first one got pulled but anyway it's too late now.

I'll go down the stealth road soon!!!!!!!!!!!:cool: