Remember when eBay allowed “digital download” products to be sold?
Remember the businesses that went “ballistic” when eBaby cut off that profitable income stream?
Remember when all the “Junk” digital download garbage disappeared from eBay? Yippee!
Some smart businesses scrambled to provide viable/valuable products on CD/DVD and some business owners just cried like a baby and hid under a rock.
Ignorance Is Not An Excuse
Have you seen the scrapbook sellers still trying to sell digital downloads because of pure ignorance?
Why do sellers think selling digital downloads is allowable in the scrabooking category? Because they see the words “Digital Scrapbooking” in the category list.
Yes – you can sell digital products on eBay… ON A CD or DVD!
Yes – you can still sell digital downloads – but you need to list your item only in the Everything Else > Information Products category using only the Classified Ad format.
You are responsible to know what you can and cannot list. What someone else is doing or not doing doesn’t change that.
http://pages.ebay.com/help/policies/downloadable.html
eBay Addresses Copyright Laws (and Trademark)
You are so smart! You already know what is copyright and trademark protected. You wouldn’t break any laws or “rules” that would get you into “hot water”. Right?
Some eBay sellers “Are Not Smarter Than a 5th Grader” and violate the law every day! They should be taking a “hot water bath” right now.
Some eBay sellers are in “Hot Water” and have done Nothing Wrong.
Why are they in Hot Water?
Because some dumb a*^ has sent them (or eBay) a “violation” email. This email is usually worded to scare the “pants” off us.
Deb Henry describes one of those “dumb” emails sent by a dumb a^# in her latest blog post ME vs. Me. You really “Must” read this… and then keep this in mind:
Just because you receive an email that “says” you have violated a copyright or trademark law… doesn’t mean you did violate anything. You are smarter than most… because you are here on this website!
Ebay Copyright Basics page: (this page is ambiguous and vague at best)
http://pages.ebay.com/help/sell/copyrights.html
eBay does have a disclaimer:
*This information is not intended to be legal advice. If you have any doubts about whether you can sell an item on eBay, we encourage you to contact the copyright owner or consult your own attorney.
Know All The Listing “Rules”
This from eBay:
“As a seller, you’re ultimately responsible for the legality of any item you offer for sale on eBay and the listing describing that item. If your item or listing violates eBay policy or is reported to eBay by an intellectual property rights owner as violating its rights, the listing may be removed from eBay. eBay has a Verified Rights Owner (VeRO) Program for reporting an intellectual property rights owner violation.”
Ebay offers a tutorial for VeRO (you must log-in to eBay to view) http://pages.ebay.com/help/tutorial/verotutorial/intro.html
This is actually a q&a interactive teaching “thingy” and it’s really good. It doesn’t take long (2 min max) and you might learn a thing or two. 
eBay does have a disclaimer:
“There’s one thing we need to tell you: the information in this tutorial should not be thought of as legal advice. If you have specific questions about the law or whether your item is legal, you should contact a lawyer.”
http://pages.ebay.com/help/sell/compliant-listings.html
Compilation and Informational Items Policy
This one may “trip you up” – because we “are” selling compilations of Public Domain content… and yet that is NOT what is included in these restrictions:
http://pages.ebay.com/help/policies/compilation.html
and this one also has some confusing “rules” for us as public domain content sellers:
http://pages.ebay.com/help/policies/intellectual-property-ov.html
Public Domain Media Rules
“Before you sell any media, such as music, movies, or photos, you’re responsible for finding out if the media you’re planning to sell contains content that’s protected by copyright.”
“Make sure your listing follows these guidelines. If it doesn’t, it may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.”
http://pages.ebay.com/help/policies/public-domain.html
Disclaimers In Your Ebay Auctions
One recommendation that has been thrown about for years is to use a disclaimer in your eBay listings similar to the following:
“Attention eBay Staff: The book or books on this media were copyrighted prior to January 1, 1923 and/or are Government publications which are free of copyright restrictions. This media resides within the Public Domain as defined by the United States Copyright Office. This ad complies with all eBay rules and regulations.”
“All of these rare and hard to find books are in public domain. They were produced in late 1800s and early 1900s and they became public domain in 1920. They are now mostly out of print.“
“The recorded readings are from the author’s original work which is in the public domain. All readings and artwork are in the public domain and there are no infringements on copyrights.“
“Note to Ebay Staff:This item does not infringe on any eBay or Vero Rules.
This Product is NOT AN ILLEGAL COPY nor does it breach eBay’s Digital Media Policy.
I am fully within my legal rights to resell this product as I am either:
AN AUTHORIZED RESELLER,
THE COPYRIGHT OWNER , THE WORKS ARE IN THE PUBLIC DOMAIN
OR THE AUTHOR.
Proof of the above can and will be provided to eBay Staff if requested.”
However – I can no longer find “that specific recommendation on eBay”
These disclaimers may or may not work. Even if you have a notice like this in your eBay listings – your listing could still be pulled by eBay. It is eBay’s playground and they can do what ever they want.
This is what I’m going to use in my eBay listings (until I find something that works better):
I may or may not use the words “public domain” – I might instead use the words “copyright free”.
I like the idea of using the two details right in the ebay listing… for eBay’s information.
I Don’t like that I’m sharing my ability to research and find hidden gems of public domain content with the “world” (can you say “competition”?).
I’ve noticed that public domain content sellers often don’t include a “disclaimer”. Usually these are sellers of content originally published “before” 1923 and the dates are noted in the auction listing.
I would be interested in hearing from those of you that are “experienced public domain eBay sellers” and what you recommend.
I hope this is “helpful” for those of you that are working along with me to begin to “sell public domain on eBay“.
{ 11 comments… read them below or add one }
GREAT article Debra!
The link to the VeRO page is extremely helpful! I’m guessing MOST sellers are unaware of the VeRO program, the helpful information that eBay provides and the actual individual listings by members.
As is my belief as well, when in doubt, RESEARCH, RESEARCH RESEARCH!
It can only make you more informed and LESS likely to get burned in the end.
As you said, this is eBay’s playground and they CAN & WILL take away YOUR toys and send you home!
Best ~Deb
Deb Henry´s last [type] ..WTF? ME v. Me
Hi Deb- don’t know if this helps but- I have a few PD images I sell as prints- I don’t dwell on the details- I have never had a problem with ebay. Maybe because these images are mixed in with MY art? These are not on CD – but a paper print – I don’t know if this helps. http://www.ebay.com/itm/Victorian-Black-Hair-Mermaid-Green-Looking-Mirror-Quality-Art-Print-/250947000119?pt=Art_Prints&hash=item3a6d9b5737
Sylvia´s last [type] ..Make a Gift for Father’s Day Motorcycle and Bicycle craft pattern to download free
I dont put any disclaimers at all, never been challenged. Maybe I’ve been lucky!
Hey Deb…
That’s one reason you and I are here on this earth. We will peel back the layers and get to the truth! AND then we share it with others so they will stay “safe”.
8)
I have been selling Public Domain CD’s on eBay since Dec. 2011. I have not been challenged as of yet about copy right issues. I always type the following info on each marketing page. (All of these rare and hard to find books are in public domain. They were produced in late 1800s and early 1900s and they became public domain in 1920. They are now mostly out of print.) I haven’t ever sold anything in the classified sector yet. I list under Books, with the format stating CD ROM, non-audio. eBay allows me to do this, however, they leave this note in “Basic View” by each listing: eBay note: This listing should contain product details from the eBay catalog. Add product details to this listing.
I have contacted them in-regards to this and they have told me not to be concerned. They stated that if there isn’t a category for you to choose from, they already know this and it will be fine……
I started selling just after they changed the rule that allowed a person to upload information to their customer. All the information I have sold has gone out on a CD ROM. I learned how to do this, just by observing others on eBay. “Homework!”
The newest rules hit me kind of hard! If you don’t follow these rules they take away your Top Rated Sellers Status, which in turn, takes away your 20% discount!
90% of all items must be shipped through their Pay Pal system. What does this mean for CD sellers…The minimum weight they allow is 3 oz.’s. One CD and envelope etc. weighs 1 oz. I was saving money by using stamps and hand writing the shipping information on the envenlope. It was a lot of work, but I was making money online….My DREAM!! With this new rule, I have been forced to pay double the shipping expenses for (1) CD.
Another rule that is new: You must offer a 14 day cash back return…. OH MY….how many people know how to copy a CD and then request their money back…. See my point?
Here is another new rule is: You must ship with in (1) business day.
This one is easy for me, as I ship Mon. – Sat. I really strive to provide excellent customer service. Without the customer, there are NO sales.
I used to list my CD’s in Auction format. I haven’t in a while. After all the new rules, it often cost me more to make the CD’s and ship them, than what the customers were biding the item up to. (And then there is MY Time.)
In regards to shipping, I have a discount in place for my Buy It Now CD’s. First CD in the USA ships for 2.99 and each additional CD ships for .99¢ I came up with this shipping arrangement after following those who had gone before me. (More Homework)
This is where eBay “got me” and stripped away my Top Rated Sellers Status:
I had 1 disgruntled customer. They had purchased a number of CD’s and left negative Feedback on (4) of them and entered the data that they thought the shipping was to high. I worked with this customer and now we are email buddies. The negative feedback was changed to Positive. They removed the negative feedback, but eBay doesn’t allow anyone to remove the negative shipping input. So, even though I had followed all the new rules, trying to keep that 20% discount….it was stripped away from me. eBay made this decision on April 21st. They retro-acted and took back all the discounts for the entire month. I am still without my Proud Badge of Honor…LOL!! (It was hard to achieve) Currently, they are telling me that I will get it back by June 21st. Do you think they will retro-act???? ***Giggle***
I followed the RULES…. I have 100% feedback and yet, I am not worthy of “Top Rated Seller’s Status and the 20% discount.
Yes, eBay does whatever they WANT to do, whenever they want to do it.
I am eager to hear more information about selling on the Classified Sector.
If you are interested in checking out my collections of Public Domain CD’s, you can find me on eBay, Seller Name: Wldflwor
WOW Sylvia – we need to talk! I’m sending you an email right now!
I’ve been waiting for someone to come along that is working with public domain art and selling prints (not originals but copies) on eBay.
Thanks so much for sharing.
8)
Steve Poke…
That’s what I like to see… a man who takes a few risks. *giggle*
Is everything you offer on your auctions pre 1923?
My belief is that eBay (and others) would have a problem with post 1923 works listed on eBay if I didn’t put in some research disclaimer.
8)
Pamela… Wow, great information! You rock sharing all this good stuff.
I have a question regarding disclaimers. If I have a book or pattern which I know is from the 1960s but was published without copyright notice, how can I find out the date that it was published? And didn’t it enter the public domain immediately upon publication? Also, related to this, if a book from this era was published without copyright notice, could the photographer or illustrator still hold rights to the illustrations? Thanks, and best wishes!
Another question, which I forgot to include above: how can I determine the exact date something entered the public domain? The resources I am aware of tell you that something is now public domain, but not when it became public domain. I have looked at the various dates people are using on ebay and they seem inconsistent, and I was wondering where they are getting their information. I thought something became public domain 28 years after the publication if the copyright was not renewed.Thanks again!
Hi Susan… this chart might be helpful for you:
http://publicdomainchart.com/
How do you know a book was published in the 1960′s if it doesn’t have a copyright notice? I avoid these like the plague myself.
