VeRO Dispute On Grounds of Parody

[stone_melon]

Hi, I'm a seller on eBay. I've recently received a VeRO dispute for one of my listings that has been up for years.

It is clearly parody, and not an original, as it features several elements that distinguish it from an official notice.

Can I get some help resolving this?

The logo is clearly a turd on a fork, featuring a fake parody agency name, as well as a zero rating with profanity.

https://assets.publishing.service.gov.uk/media/5a80f292ed915d74e6231597/Exceptions_to_copyright_-_Gu...

Here's the UK legal guidance for parody items.

The original item is issued by a Government agency, and are not for sale, so my joke sign is not a market replacement, so the parody protection stands.

Am I mistaken?

[stone_melon]

Here is the parody sign in question, featuring a different poop emoji logo, as well as a zero rating and profanity. This is intended as parody and is a protected use of any source it is based on.

[tobiasd4]

If listing has been reported, do not relist, next time ebay may suspend you.

No point trying to appeal.

Sometimes ebay don't make sense.

[fargvs]

As advised, do not relist --- classed as offensive >

https://www.ebay.co.uk/help/policies/member-behaviour-policies/threats-offensive-language-policy?id=...

[stone_melon]

Doesn't the policy you've just sent me a link to allow for items with offensive words?

[stone_melon]

That specific policy only seems to prohibit racial slurs, allusions to the Nazis or Slavery.

[fargvs]

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@stone_melon wrote:

That specific policy only seems to prohibit racial slurs, allusions to the Nazis or Slavery.

---

Also includes Offensive language as shown in your .jpg image.

[stone_melon]

Offensive language is permitted if they follow the Offensive Materials Policy, and Adult Materials Policy.

This has not been taken down for the reason of offence. I've also spoken directly to eBay regarding this listing, and not once did the eBay representative mention the use of offensive language.

[stone_melon]

eBay have given me the contact details of the person filing the dispute so that I can determine what elements are infringing the copyright and alter them.

No issues with then language used in the item.

[red_magpie]

I have no idea who is in the right over the paraody argument, but the important point to remember is that neither does eBay.

In 2011 eBay was reportedly ordered by a French court to pay over £30 million in damages for failing to protect the rights of intellectual property holders. They are not going to risk this happenng agan.

eBay's VERO scheme now gives registered righs owners owners the right to report any item that they consider infringes their intellectual property rights. EBay has undertaken to remove any reported item from sale.

 eBay isn't going to argue with the rights holders, so don't even think about relisting the item. If you continue to disregard VeRO warnings your selling account could be restricted, possibly permanently. One seller told us that it was after the third report. eBay will not even discuss permanent restrictions, and there is no right of appeal.

My advice would be to ditch this parody sign, and move on.

[stone_melon]

Fair point, life isn't always fair.

Better to live to fight on than die on a hill.