Ebay ban the selling of memorial ceramic poppies: Right? Wrong?

[PeteMorris]

I think thats a splendid idea!!

 

I just found a link which basically shows the pattern....It seems pretty easy actually.

 

http://www.bbc.co.uk/news/uk-28659671

[L00b]

So anyone who has bought one can never sell it?

The problem as I see it, is that with close to 900,000 units vanishing into private hands very soon, enterprising types are likely to engage in the production of knock-offs (wouldn't be surprised one bit to learn that a Chinese factory is making some to order already) for profiteering purposes, with not a £0.01 going to the Legion for these.

 

With their ban, eBay is effectively pre-empting the problem by closing one (routine-) selling avenue for such people. Whether that's on purpose or not, I don't know, but that's the net effect.

Well I do go to evening pottery classes...So I might make one for myself....and donate £25 to the legion!.....

I just found a link which basically shows the pattern....It seems pretty easy actually.

 

http://www.bbc.co.uk/news/uk-28659671

As a Mod, you might want to 'disappear' that post, as you've just publicly admitted your intention to copy a design which, in the UK, is automatically the property of the designer and protected by both a UK design right for the next 10 years and a Community design right for the next 3 years (approx., subject to actual first date of publication/advertisement of the poppy design). Just sayin' Edited November 11, 2014 by L00b

[JFKvsNixon]

If somebody has bought one (and contributed to the appeal as a result) then surely it is their property to do with as they wish? I can't stand the self-righteous types who think they can have a say in what people choose to do with their own stuff.

 

If they want to sell them, let them. They are not hurting anybody and it hardly amounts to a 'scummy' thing to do.

 

Ebay is a private company that has it's own policies, so it is up to them if they want to allow the poppies to be sold on their site.

 

I also don't think that anybody is saying that people can't do what they like with their poppy, but surely people are allowed to have an opinion on their actions.

[PeteMorris]

The problem as I see it, is that with close to 900,000 units vanishing into private hands very soon, enterprising types are likely to engage in the production of knock-offs (wouldn't be surprised one bit to learn that a Chinese factory is making some to order already) for profiteering purposes, with not a £0.01 going to the Legion for these.

 

With their ban, eBay is effectively pre-empting the problem by closing one (routine-) selling avenue for such people. Whether that's on purpose or not, I don't know, but that's the net effect.

 

Yes you're probably right about the Chinese 'knock off's'....I presume if you buy one of the genuine ones currently in the moat, you would get some sort of certificate of authenticity? Or there would be some way of telling the genuine article from a fake?

 

I don't know, cos i couldn't buy one...Booooooo

 

---------- Post added 11-11-2014 at 13:55 ----------

 

The problem as I see it, is that with close to 900,000 units vanishing into private hands very soon, enterprising types are likely to engage in the production of knock-offs (wouldn't be surprised one bit to learn that a Chinese factory is making some to order already) for profiteering purposes, with not a £0.01 going to the Legion for these.

 

With their ban, eBay is effectively pre-empting the problem by closing one (routine-) selling avenue for such people. Whether that's on purpose or not, I don't know, but that's the net effect.

 

As a Mod, you might want to 'disappear' that post, as you've just publicly admitted your intention to copy a design which, in the UK, is automatically the property of the designer and protected by both a UK design right for the next 10 years and a Community design right for the next 3 years (approx., subject to actual first date of publication/advertisement of the poppy design). Just sayin'

 

No I don't want to 'disappear' that post. If I make one, it won't be exactly the same...a poppy is a poppy...It's a flower....Is there a copyrite on the design of a flower?...And it would be specifically for me...I'm not selling them, I'm not making them wholesale.....It's purely and simply for me...and the legion still gets it's donation!

[donotremove]

Ebay is a private company that has it's own policies, so it is up to them if they want to allow the poppies to be sold on their site.

 

I also don't think that anybody is saying that people can't do what they like with their poppy, but surely people are allowed to have an opinion on their actions.

 

I am well aware that ebay is a private company with it's own policies thank you very much. Perhaps you can explain why you felt the need to tell me this?

 

Nobody has actually come out and said that they can't do what they like with their poppy but they have voiced an opinion about those that are choosing to sell theirs. I am also voicing an opinion about the issue, is this OK?

[kidley]

haven't they kept some back to sell at a later date?

[charmer]

It's a scummy thing to do, IMO. You're basically taking advantage of someone who cares enough about the appeal to pay over the odds for one of the moat poppies and then pocketing that money for yourself when it could be going to the Legion.

 

The legion already has its money though, it was purchased at the purchase price. What happens after that has no impact on the legion

[JFKvsNixon]

I am well aware that ebay is a private company with it's own policies thank you very much. Perhaps you can explain why you felt the need to tell me this?

 

Nobody has actually come out and said that they can't do what they like with their poppy but they have voiced an opinion about those that are choosing to sell theirs. I am also voicing an opinion about the issue, is this OK?

 

Well, this is a thread about Ebay restricting the sales of the poppies, not the restriction of the sales of the poppies per se, that is why I thought it relevant. So when you said that people should be allowed to do what they want with the poppies then apart from Ebay, who is stopping them?

 

Also, nobody has suggested that you cannot have an opinion, so why do you feel you need to ask if it's OK to have one?

[L00b]

If I make one, it won't be exactly the same...

The legal test for the UK design right is (i) original and (ii) not commonplace. Making your own ceramic poppy will make it 'original', but making it substantially like Paul Cummins' one (e.g. based on the BBC link) will make it commonplace (relative to Paul Cummins').

a poppy is a poppy...It's a flower....

You're talking about Paul Cummin's ceramic poppies. Not 'a poppy', nor 'a flower'.

Is there a copyrite on the design of a flower?...

There is no "copyright on the design" of a flower. There is a copyright in the drawing of a flower. There is a design right in the design of Paul Cummin's ceramic poppies.

And it would be specifically for me...I'm not selling them, I'm not making them wholesale.....It's purely and simply for me...

So long as you don't sell it on within the next 10 years or so Edited November 11, 2014 by L00b

[PeteMorris]

haven't they kept some back to sell at a later date?

 

I have no idea! I wonder if they actually kept tabs on the ones that the queen planted (I think she planted one anyway)...and the last one that the young cadet planted today...Cos presumably 'they' will be more valuable.

 

---------- Post added 11-11-2014 at 14:09 ----------

 

The legal test for the UK design right is (i) original and (ii) not commonplace. Making your own ceramic poppy will make it 'original', but making it substantially like Paul Cummins' one (e.g. based on the BBC link) will make it commonplace (relative to Paul Cummins').

You're talking about Paul Cummin's ceramic poppies. Not 'a poppy', nor 'a flower'.

There is no "copyright on the design" of a flower. There is a copyright in the drawing of a flower. There is a design right in the design of Paul Cummin's ceramic poppies.

Depends if the one you're making is to avoid having to buy an original, or as a personal hobby/tuition exercise. Hard to prove, admittedly (and pointless anyway, under the circumstances).

 

For god's sake!.....Do you spend your entire day looking up links?.....It's one sodding poppy!!!