DJ Shadown and e-bay

DJ_NevilleCDJ_NevilleC 1,922 Posts
edited January 2016 in Record Collecting
Just heard from one of my distributors that DJ Shadow is getting e-bay to pull all listings that use his name as a reference point. I've got mixed feelings about this one.
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  • RAJRAJ tenacious local 7,783 Posts
    Be careful he is a seller and a buyer on eBay too... So he's in tune! I've exploited his name many times and never got a listing yanked. Maybe he just likes me.

  • TheMackTheMack 3,414 Posts
    fuck him. he's a huge herb for that

  • if he didnt want people selling his crap on ebay he shoulda chose a different profession

  • The_NonThe_Non 5,691 Posts
    He should clear his samples, then holla back to eBay.

  • He should clear his samples, then holla back to eBay.

    Yessss...ironic....

  • He should clear his samples, then holla back to eBay.

    WURD

  • DenmarkVZDenmarkVZ 397 Posts
    fuck him. he's a huge herb for that[/b]

    Makes me want to get in touch with the people who made those rare record he used and tip them to how he's famous and making $ for his DEEP crates (read: their records). I'm sure tracked all those folks down and at least got permission.

  • The_NonThe_Non 5,691 Posts
    Looks like a job for Sleuther Vandross!!!!!!!!!!!!



    Fatback, that's the 2nd thing I thought.....

    Feelin' like Tony Montana at the end a Scarface.

  • DenmarkVZDenmarkVZ 397 Posts
    damn. i was preempted 4 times before I could finish my post.

  • Birdman9Birdman9 5,417 Posts
    Just heard from one of my distributors that DJ Shadow is getting e-bay to pull all listings that use his name as a reference point. I've got mixed feelings about this one.

    been like that for a minute. I haven't sold in nearly a year, but before I quit I had 2 auctions pulled by Josh's company. They must have been doing it manually before, probably easier to just have eBay outlaw the use of his name!

  • volumenvolumen 2,532 Posts
    Just heard from one of my distributors that DJ Shadow is getting e-bay to pull all listings that use his name as a reference point. I've got mixed feelings about this one.

    This has been going on for a year at least, but I'm not sure if anyone has been able to explain why.

    Is it cuz people are blowing up his samples and it's getting him sued? This I can understand.


    Or is it "your useing my name for advertizing without paying my"? This is a little iffy cuz he's making bucks off sampling other peoples voices/music and not always haveing to pay them.

    I don't think it has anything to do with people selling his records, cuz obviously it's fine to list the artist in that case.

  • Birdman9Birdman9 5,417 Posts
    Just heard from one of my distributors that DJ Shadow is getting e-bay to pull all listings that use his name as a reference point. I've got mixed feelings about this one.

    been like that for a minute. I haven't sold in nearly a year, but before I quit I had 2 auctions pulled by Josh's company. They must have been doing it manually before, probably easier to just have eBay outlaw the use of his name!

    Oh, on the flip, his company BOUGHT a sealed Kelly's Heroes OST from me around the same time. Weird.


  • The_NonThe_Non 5,691 Posts
    Only way is if he trademarked his name. Like paying Phil Jackson (or Pat Riley?) to market with the word "Threepeat"




  • Is it cuz people are blowing up his samples and it's getting him sued? This I can understand.

    OH...

  • DenmarkVZDenmarkVZ 397 Posts
    Is it cuz people are blowing up his samples and it's getting him sued? This I can understand.




    Only esplanation for such bitch moves, since I heard he's a nice guy.

  • I can understand if he doesn't want every herb using his name in their title headings just to get someone to look at their auction.

    I've seen this many times; where someone puts dj shadow, UNKLE, Futura, Bape, WARP, Dunks [/b]etc. in their auction for something that is only slightly related...
    [color:white] disclaimer:this is just an example to illustrate a point, ok?[/color]

    This amounts to false advertising, and I don't know anyone who wants to be associated with that.

    If someone's selling a record that Shadow sampled, i don't see how he can, legally, prevent someone from listing it as sampled by DJ Shadow... is this really what he's doing?

    Shadow beats

    samples DJ Shadow

    drum break DJ Shadow

    Does not contain sample used in organ donor but has similar riffs.

  • Birdman9Birdman9 5,417 Posts
    I can understand if he doesn't want every herb using his name in their title headings just to get someone to look at their auction.


    Yeah...all that TOTALLY FREE PUBLICITY must get tiresome.

  • DenmarkVZDenmarkVZ 397 Posts
    Only way is if he trademarked his name. Like paying Phil Jackson (or Pat Riley?) to market with the word "Threepeat"


    But you'd think eBay'd be telling him to hug a nut becaase they know all these lil dudes will bid crazy for some otherwise worthless shit b/c it was sampled by Josh.

  • The_NonThe_Non 5,691 Posts
    VeRo is a VERY powerful device that makes eBay check itself from time to time.

  • I can understand if he doesn't want every herb using his name in their title headings just to get someone to look at their auction.


    Yeah...all that TOTALLY FREE PUBLICITY must get tiresome.

    my point was that people use his name in auctions which have nothing to do with him, or his products - hence the notion of false advertising... how does that equate to free publicity?

    no beef, just clarifying

  • drewnicedrewnice 5,465 Posts
    If someone's selling a record that Shadow sampled, i don't see how he can, legally, prevent someone from listing it as sampled by DJ Shadow... is this really what he's doing?



    Well, legally termed, it's called appropiation - the use of another person's name, likeness or image, without permission, for commericial gain.



    Based on the definition, it seems that Josh has a right to prevent that from happening.

  • If someone's selling a record that Shadow sampled, i don't see how he can, legally, prevent someone from listing it as sampled by DJ Shadow... is this really what he's doing?

    Well, legally termed, it's called appropiation - the use of another person's name, likenes or image, without permission, for commericial gain.

    Based on the definition, it seems that Josh has a right to prevent that from happening.

    To prevent the illegal appropriation of his name while selling the product of his illegal appropriation of someone elses music?

  • DenmarkVZDenmarkVZ 397 Posts
    I guess he's gotta do something. Dude hasn't made a decent record since Endtroducing. Which is a mediocre listen at best.

  • volumenvolumen 2,532 Posts
    I can understand if he doesn't want every herb using his name in their title headings just to get someone to look at their auction.


    Even that falls more under buyer beware. It's just like everything in the store says fat free and low carb even if it's not really true. In this case he should be glad for the free advertizing, but I can understand the annoyance as well. I guess saying "sound like DJ Shadow" is different than saying "sounds like Cali backpack beats" (just making a bad example, no need to school me)

    All and all it's a thin line that's hard to understand. You think if he was so pissy about it he would make and official statment to clarify his position. When this came up a while back someone suggested that it was his company and not him doing it. ????????


    Any legal people know the specifics on this. Can you say "My band sounds like Rush." without paying Rush? You see bands advertized all this time "sound like blah meets blah".

  • Birdman9Birdman9 5,417 Posts
    I can understand if he doesn't want every herb using his name in their title headings just to get someone to look at their auction.


    Yeah...all that TOTALLY FREE PUBLICITY must get tiresome.

    my point was that people use his name in auctions which have nothing to do with him, or his products - hence the notion of false advertising... how does that equate to free publicity?

    no beef, just clarifying

    I hear what your saying, and it probably IS part of what he tries to do in these cases, but my point is that his name is out there and has value for MORE THAN JUST SHADOW, and I guess I don't see that there is much to be done about that. I mean, people are just pointing out facts. "As used by Shadow", may help sell your 45, but it also helps sell Shadows records, tickets,etc. Keeps his name out there.

  • volumenvolumen 2,532 Posts
    I guess he's gotta do something. Dude hasn't made a decent record since Endtroducing. Which is a mediocre listen at best.


    Zing!

  • drewnicedrewnice 5,465 Posts
    If someone's selling a record that Shadow sampled, i don't see how he can, legally, prevent someone from listing it as sampled by DJ Shadow... is this really what he's doing?

    Well, legally termed, it's called appropiation - the use of another person's name, likenes or image, without permission, for commericial gain.

    Based on the definition, it seems that Josh has a right to prevent that from happening.

    To prevent the illegal appropriation of his name while selling the product of his illegal appropriation of someone elses music?

    Arguments about substantial similarity and copyright infrigement of the originals he used to construct his own compositions are surely up for debate. But it's not appropriation.

  • DenmarkVZDenmarkVZ 397 Posts
    It's a fucking bitch move no matter how you stack it. I mean, you don't see Robert Moog getting on there saying "they're using my name to sell a $1 record for $5.78". Boo boo fucking hoo hoo.

  • VeRo is a VERY powerful device that makes eBay check itself from time to time.

    protecting intellectual property

  • DenmarkVZDenmarkVZ 397 Posts

    The defense calls Mick Fleetwood to the stand.

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