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Thread: Can you sell "Remakes/Copies" on ebay...

  1. #1
    Registered User Chanmandolin's Avatar
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    Default Can you sell "Remakes/Copies" on ebay...

    If you list it as exactly that? A remake or copy.
    Is it considered a fake if your not representing it as original?

    Thanks in advance
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  2. #2

    Default Re: Can you sell "Remakes/Copies" on ebay...

    Basically, NO. But read their guidelines. You can say F-5 copy, but not Gibson F-5 copy -- that type of thing. Certain brands such as Rickenbacker fiercely patrol eBay for copies/fakes/clones and have them removed in a matter of hours. The first time, eBay scolds you, the second time they make you read and respond to a tutorial, and I guess if you keep doing it you will eventually get booted off of eBay. BUT, there are copies being sold on eBay every day, they just fall through the cracks. Some will list their title as, "F-5 Mandolin Copy, Comes With Gibson Pick", so it will show up in a Gibson mandolin search, BUT again, this is against eBays bylaws -- but it is done everyday. The rules are complicated, but copyright and trademark violations are serious stuff! If your copy says Gibson or The Gibson on the peghead, it will be removed from eBay. That's why people put a piece of black tape over the name sometimes......

    Technically speaking, EVERY F-5 style mandolin IS A GIBSON COPY -- regardless of the name on the peghead!

    Oddly enough, in other fields of collecting/hobbies, copies are widely tolerated on eBay. There are tons of Leica camera copies made in Russia, Japan, and other places that are for sale daily on eBay. I just did a search for Leica Copy and got 414 results! So, the rules are not level across the board.

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  4. #3
    Mando accumulator allenhopkins's Avatar
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    Default Re: Can you sell "Remakes/Copies" on ebay...

    It is technically illegal to use a manufacturer's registered trademark without the manufacturer's permission. It is also against eBay rules to misrepresent an item for sale -- saying it's a Gibson when it's not.

    Copies fall into a conflicted area. The person who violated the law is the person who made the copy, and labeled it with a trademark he/she had no right to use. The seller, if clearly stating that the instrument is not a Gibson or whatever, is not violating the copyright law.

    However: sellers have been sued for listing a "Gibson copy" when the instrument had no relation to Gibson. (I believe Elderly Instruments ran afoul of Gibson in this regard, resulting in a 2005 lawsuit.) The position Gibson took was that even referring to the banjo in question as a "famous maker copy," deleting the word "Gibson," wasn't enough.

    I'd avoid using the term "copy" at all, and just list the instrument, saying it was made by an individual maker and that the headstock logo, or whatever, did not indicate the manufacturer. As a matter of fact, I'd cover the logo with a piece of tape, saying that it concealed an unauthorized trademark, that you would not specify. Then sell it on its merits as a small-shop instrument, not a "copy" of anything.

    Remakes are another issue altogether. I have a Gibson GB-3 Mastertone guitar-banjo with a replica 5-string neck, labeled "Gibson." I have a Martin 00-28G classical, with a replaced 00-42-style top and neck, labeled "C F Martin." In both cases there are both manufacturer's parts, and replica parts, in the instrument. Were I to sell either, I would be explicit about what parts were original and which weren't, but I'd guess that the fact that both instruments were rebuilt on an original manufacturer's "chassis," would prevent them from being seen as "unauthorized copies."

    Many old instruments have retrofitted parts not made by the original manufacturer -- tuners, bridges, fretboards, tailpieces etc. In some cases, they are "replica" parts made with the original manufacturer's name, but not by that maker. If clearly stated by the seller, they're probably not in violation of copyright.

    Note: I'm no lawyer, and welcome correction from those who are.
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    Default Re: Can you sell "Remakes/Copies" on ebay...

    Another thing I thought of is about 8-10 years ago the USA was flooded with very convincing Chinese-made Gibson Les Paul copies that said both "Gibson" and "Made in the USA" on them. They were made to deceive. The sellers knew to stay away from eBay, but they traveled the country selling to pawn shops and music stores. They were also available online for about $300 including shipping from China to USA. Now, fast forward and I do see these instruments being sold used on eBay, usually with the logo covered with tape and often the seller will say something vague like, "I don't even know if it is a real Gibson" -- kind of an "aw schucks!" type of disclaimer. When you read that you know it is a FAKE. Again, these squeak through the cracks on eBay, sometimes labeled as lawsuit guitars, serviceman's guitar, or sometimes they get away with listing as Les Paul copy. (but not Gibson Les Paul copy)
    Last edited by Jeff Mando; Mar-21-2017 at 2:33pm.

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