What is copyright?

An example would be a photographer who is hired to shoot photos of people modelling a brand's dresses. These photos constitute copyright and cannot be used without the photographer's explicit consent.

Examples of copyrighted works (not exhaustive)

• Product images, photos, and videos
• Product descriptions
• Packaging designs and layouts
• Illustrations, graphics, prints, and artwork
• Literary and musical works (e.g., song lyrics)
• Choreographic works (e.g., dance moves)
• Graphic, pictorial and sculptural works (e.g., maps, technical drawings)
• Audiovisual works (e.g., videos, sound recordings)
  

What is copyright infringement?

• Using product photos, images or videos in a product listing that were taken from another source without the copyright owner's explicit consent.

Examples of copyright infringement

Piracy

• Selling photocopied versions of a textbook authored by someone else.
• Selling pirated copies of video games that were developed by another company.
• Selling posters or artwork copied from someone else's original design without permission.

Unlawful access

• Selling a jailbroken mobile phone that allows the user to download pirated software.

Tips to avoid copyright infringement

❗These tips are not intended as legal advice and do not provide an exhaustive account of all the steps you may need to undertake to avoid copyright infringement.

✅Dos

• List only original and authentic products. To help ensure this:
  • Purchase directly from the source (e.g., video game developer, software developer) or authorized resellers and distributors (e.g., publishing house).
  • Check where your supplier procured the products, and ask for proof of authorization when needed.
  • Compare prices on other platforms. If your supplier’s price is significantly lower than the typical range, the product may be pirated and should not be listed.
• Ensure your product packaging is original, and has unique designs, layouts, and descriptive text.
  • The design refers to the look and appearance of the packaging.
  • The layout refers to where and how your product's features appear on the packaging.
  • The descriptive text refers to the information on the packaging about your product's benefits, capabilities, and functions.
• Verify the originality of products using image recognition tools.
  • Consider scanning your products using image recognition software like Google Lens. If products with similar "looks" or packaging appear in the search results, it may indicate copyright infringement and the product should not be listed.

⛔Don'ts

• Avoid using product images, videos, and descriptions that were taken from web searches or on other e-commerce platforms without the owner’s permission. Always use original images, videos, and descriptions in your product listings.
• Minor alterations to images to avoid detection are not allowed either. These include cropping, color adjustment, using filters, or adding watermarks or text.