Ebay Seller

[Travis]

I was notified that an eBay user is lifting patterns from scroll saw websites and selling them online as airbrush stencils.  

 

I found a couple of my designs and many of them look familiar.

 

Their Elvis - My Elvis

Their Einsteing - My Einstein

 

 

 

It might be worth taking a look to see if any of your designs are being copied and sold and report them.

 

http://www.ebay.com/itm/32-Ford-Coupe-12-x-9-Airbrush-Stencil-/150667116342

 

.

[DWSUDEKUM]

I  see what you mean Travis... I also recognize several of the patterns ( a lot of them actually ) Hate when folks do things like that.  Send them a desist letter and report them.. about all you can do.

 

DW

[grampa]

Cheeky buggers here are a lot of mine.... And there is a lot more, I don't have an ebay account so I can't report them

Edited April 6, 2015 by grampa

[grampa]

I think they have a site called Blackjax camo stencils

[DWSUDEKUM]

You should not need an Ebay account to report a seller that is selling stolen items and if they are being sold without your permission they are stolen.

 

DW

[grampa]

Just had another look and the 32 ford is $10 and they have sold 29 they have a lot of my patterns so I bet they have made a good bit out of me, just wondering if it's worth it anymore.........I have contacted the seller just waiting for a reply but I won't hold my breath

Edited April 6, 2015 by grampa

[DWSUDEKUM]

Cheeky buggers here are a lot of mine.... And there is a lot more, I don't have an ebay account so I can't report them

The ford coupe has been up for sale on that site since 9/24/11 not sure about the others though.

 

DW

[grampa]

This is the reply I got back....

 

Sir can you tell me when you designed the 32 ford coupe? because i was for sure thinking it was designed by Ford motor company.

 

 

Dave B

 

- customstencils

Edited April 6, 2015 by grampa

[DWSUDEKUM]

Obviously they are going to play at closet attorney.  You need to find a solicitor ( I think that is what they are called there ) / Attorney and have them send a legal email / registered letter demanding cease and desist or be drawn into court.  This is one of the problems when dealing with an entity that is in another country.

 

DW

[grampa]

Another email from Blackjax , the patterns are public domain so he is free to do what he wants

[Multifasited]

Hell, flood the air brush market (Half off sale ) all you designers Inc. POOL DESIGNS FOR AIR BRUSH LLC.

[marmoh]

What would hurt him more is to let Ford know he is selling their Logo.  I would think you can use them as public domain to make something but not sell the pattern and stamp them as being yours ???  So many of the patterns are from this forum wondering if it is/was a member ??  We need to all put our heads together and figure out how to out smart him ???

[amazingkevin]

I know nothing!

[Kragax]

There are things that we could do. For instance several people in good standing with Ebay, myself included, could complain. Complaints from more than one person might get their attention.

[LarryEA]

I pray you find a satisfying and righteous solution.

Not much I can do except support but if there is anything else, I am willing.

[Travis]

Here's my response:  

 

Sir your not the copyright holder of Elvis or his likeness so please take your claims elsewhere.

Dave Baker

 

 

Public domain picture of our einstein made into a stencil quit claiming its yours and some type of original work of art from some picture you took of einstein..  Sir you can cry all you want but this is a picture of albert einstein its free public use and you do not own any rights to his picture or his likeness.

Dave Baker

 

 

Here's how to report a copyright violation:  http://pages.ebay.com/help/tp/vero-rights-owner.html

 

They make it awfully difficult to register a complaint.

[Travis]

I submitted a claim.  I doubt anything will come of it though.  I'm considering locking the Pattern Library for only members of SSV to view.  Currently, anybody can look and download without registering.  Maybe that might curb content scrapers.

 

It sure is discouraging when I design patterns for people to use and find out there are unscrupulous people scraping my website (and others) and selling my work as their own.  It must be nice to be able to make a dishonest living and still being able to sleep at night.

[DWSUDEKUM]

The reply to that message from Dave Baker is this,

 

Mr. Baker this is an attempt to get you to divulge your source of the patterns in question any information obtained will be used for the purpose of determining the true ownership of the pattern.  You have claimed in previous emails that the image is public domain, this sir is incorrect.  While the initial picture that was used to make the scroll saw pattern which are suspected to have been appropriated were indeed public domain the resultant work created from it was and is not.  This resultant original work is protected under copyright.Chapter 13 Sections 1301. 1309. 1320  of the Title 17 Copyright law. 

 

§1301 · Designs protected

 

(a) Designs Protected.—

(1) In general.—The designer or other owner of an original design of a

useful article which makes the article attractive or distinctive in appearance

to the purchasing or using public may secure the protection provided by this

chapter upon complying with and subject to this chapter.

(b) Definitions.—For the purpose of this chapter, the following terms have

the following meanings:

(1) A design is “original†if it is the result of the designer’s creative endeavor

that provides a distinguishable variation over prior work pertaining to similar

articles which is more than merely trivial and has not been copied from

another source.

 

§1309 · Infringement

 

(a) Acts of Infringement.—Except as provided in subsection (b), it shall

be infringement of the exclusive rights in a design protected under this chapter

for any person, without the consent of the owner of the design, within the United

States and during the term of such protection, to—

(1) make, have made, or import, for sale or for use in trade, any infringing

article as defined in subsection (e); or

(2) sell or distribute for sale or for use in trade any such infringing article.

(b) Acts of Sellers and Distributors.—A seller or distributor of an infringing

article who did not make or import the article shall be deemed to have

infringed on a design protected under this chapter only if that person—

(1) induced or acted in collusion with a manufacturer to make, or an importer

to import such article, except that merely purchasing or giving an order

to purchase such article in the ordinary course of business shall not of itself 

70 Copyright Law of the United States

§1309 Protection of Original Designs

constitute such inducement or collusion; or

(2) refused or failed, upon the request of the owner of the design, to make

a prompt and full disclosure of that person’s source of such article, and that

person orders or reorders such article after receiving notice by registered or

certified mail of the protection subsisting in the design.

© Acts without Knowledge.—It shall not be infringement under this

section to make, have made, import, sell, or distribute, any article embodying a

design which was created without knowledge that a design was protected under

this chapter and was copied from such protected design.

(d) Acts in Ordinary Course of Business.—A person who incorporates

into that person’s product of manufacture an infringing article acquired from

others in the ordinary course of business, or who, without knowledge of the protected

design embodied in an infringing article, makes or processes the infringing

article for the account of another person in the ordinary course of business, shall

not be deemed to have infringed the rights in that design under this chapter except

under a condition contained in paragraph (1) or (2) of subsection (b). Accepting

an order or reorder from the source of the infringing article shall be deemed

ordering or reordering within the meaning of subsection (b)(2).

(e) Infringing Article Defined.—As used in this section, an “infringing

article†is any article the design of which has been copied from a design protected

under this chapter, without the consent of the owner of the protected design. An

infringing article is not an illustration or picture of a protected design in an advertisement,

book, periodical, newspaper, photograph, broadcast, motion picture,

or similar medium. A design shall not be deemed to have been copied from a

protected design if it is original and not substantially similar in appearance to a

protected design.

(f) Establishing Originality.—The party to any action or proceeding

under this chapter who alleges rights under this chapter in a design shall have

the burden of establishing the design’s originality whenever the opposing party

introduces an earlier work which is identical to such design, or so similar as to

make prima facie showing that such design was copied from such work.

(g) Reproduction for Teaching or Analysis.—It is not an infringement

of the exclusive rights of a design owner for a person to reproduce the design in

a useful article or in any other form solely for the purpose of teaching, analyzing,

or evaluating the appearance, concepts, or techniques embodied in the design, or

the function of the useful article embodying the design.

§1320 ·

 

Ownership and transfer

(a) Property Right in Design.—The property right in a design subject

to protection under this chapter shall vest in the designer, the legal representatives

of a deceased designer or of one under legal incapacity, the employer for

whom the designer created the design in the case of a design made within the

regular scope of the designer’s employment, or a person to whom the rights of

the designer or of such employer have been transferred. The person in whom the

property right is vested shall be considered the owner of the design.

 

This is a further attempt to have you cease and desist the selling of any and all patterns that have been identified as not belonging to you.

 

*************************

 

This is from the Copyright.gov website.

 

DW

[LarryEA]

I submitted a claim.  I doubt anything will come of it though.  I'm considering locking the Pattern Library for only members of SSV to view.  Currently, anybody can look and download without registering.  Maybe that might curb content scrapers.

 I see no drawbacks to locking the Pattern Library.

You stop one unscrupulious pig but there are others in the trough.

[JustLarry]

Interesting that they can come up with identical although mirrored images that members here have produced and claim it to be their design. 

 

Travis - locking the patterns for members only would offer protection to those that post their patterns here.  Like a lock on the door though, it keeps honest people honest.  Probably would not stop all but it will eliminate easy pickins.

 

Larry

[Scrappile]

I think it would be a good and reasonable to lock the pattern gallery to members only.  I also think only members should be able to download patterns the people post in the New Pattern threads if there is a way.

[stu]

I just assumed the pattern library was only for members view locking it down is a good idea

Stu

[merlin]

Lock the library I say....But then heaven help us it may be a member or past member  I really hope not.

Locking the library wood only slow them down, they wood only become a member and start all over again.

 

***Merlin***

[spirithorse]

Thanks for the heads up, Travis,

I also think the pattern library should be locked to non-members.

I have filed a complaint with e-bay as well.

God Bless! Spirithorse

[spirithorse]

Does anyone recognize the name Dave Baker from the letter above as a member of

any wood-working forums?
Someone could buy one of his 'stencils' and it would have his real name and address

when it arrived.

God Bless! Spirithorse