See: ebay user agreement, heading "Content License"
http://pages.ebay.com/help/policies/user-agreement.html
Under copyright law terms "Fair and reasonable use" aren't the rights ebay is asking for covered already? Is ebay asking for rights beyond "Fair use"?
What I would like to know is: If an artist or author of a creative work lists that work on ebay, does ebay's "Content License" mean that he or she loses their rights to list the exact same item with the same description and pictures on any different (non ebay) selling site, auction, classifieds site or even the artist/author own web page? i.e. If an artist/author list item descriptions with pictures on ebay that are of unique works and being the work is the intellectual property of the artist/author and as the listing member/seller, will he or she forfit the right to publicize their work "in any media known now or in the future"? Can ebay sell or give away the rights to the description and pictures?
2007-06-25 06:27:14 · 1 answers · asked by V P 1 in Politics & Government ➔ Law & Ethics
I assume you are referring to this line: "When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future."
The artist does not loose any rights and the license the artist grants to eBay is non-exclusive, meaning the artist can grant the same license to anyone else they wish. Essentially, eBay is requiring that the artist allow eBay the right to display the content provided.
2007-06-25 06:39:42 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋