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eBay Policy: Authenticity Disclaimers

March 24, 2008 By Jason DeBord

I was doing some research on eBay and came across an interesting and very relevant policy to original prop collecting – “Authenticity Disclaimers”.

eBay Policy – Authenticity Disclaimers (LINK to eBay):

eBay-Authenticity-Disclaimers-x425

Higher Resolution Archive: eBay-Authenticity-Disclaimers

Here is the policy:

Authenticity Disclaimers

Sellers may not disclaim knowledge of, or responsibility for, the authenticity or legality of the items offered in their listings. Sellers should take steps to ensure that their items are authentic before listing them on eBay. If a seller cannot verify the authenticity of an item, the seller is not permitted to list it.

Violations of this policy may result in a range of actions, including:

  • Listing cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of eBay fees on cancelled listings
  • Loss of PowerSeller status

The following statements violate eBay’s Authenticity Disclaimer Policy:

  • “I cannot guarantee the authenticity of this item, so please bid accordingly.”
  • “Vintage Handbag Chanel???”
  • “Looks like it could be a Louis Vuitton bag”
  • “I believe this is painted by Degas, but can’t be sure.”

Why does eBay have this policy?

The sale of unauthorized replicas is illegal, as well as against eBay policy. Sellers who are unsure of the legality or authenticity of their items should not be selling these items on eBay. This policy helps protect buyers from purchasing counterfeit or fraudulent items, helps protect intellectual property rights owners against infringement and helps create a safer marketplace.

I believe that this is a very powerful policy – if enforced – as it speaks directly to many of the very philosophies I promote on the Original Prop Blog.

As written, the policy requires sellers on eBay to demonstrate/prove the authenticity of any “original” props and wardrobe that are offered for sale.

Therefore, any item listed in these eBay categories are subject to cancellation should the seller be unable to prove the offering authentic, or in the event a third party can prove such item inauthentic:

  • Entertainment Memorabilia:Movie Memorabilia:Props:Originals
  • Entertainment Memorabilia:Movie Memorabilia:Wardrobe:Originals

I plan to communicate with eBay in regards to this policy for more details and clarification.

Jason De Bord

Filed Under: eBay & PayPal, Market Watch, News and Events, Policies, Policy Changes, Analysis Tagged With: auction, authentic, authenticity, ebay, entertainment, Fraud, infringement, legality, marketplace, memorabilia, Original, policy, Prop, screen-used, screenused, violation, Wardrobe

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Tags

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