3 min article

Replicas, counterfeit items and unauthorised copies policy

When you sell on eBay, be sure your items aren't replicas, counterfeits or unauthorised copies.

Selling such items can infringe on someone's copyright or trademark, which is against the law and eBay policy.

Frequently Asked Questions

 

What does eBay consider to be a fake product?

If any listing has a false or misleading description of what the item truly is, then we will consider it to be fake, and is therefore not allowed on eBay. For example, if a listing for a DVD of a popular TV series claims to be an original, but is actually a pirated copy.

How do I know whether my item is an unauthorised copy?

Sometimes it's hard to know whether something is unauthorised and consequently not allowed on eBay. If you're not sure, here are a couple of ways to think about it:

  • If the product bears a brand name or logo, was it produced either by that company, or by an official partner of that company? If not, then it's unauthorised.
  • For digital products, is it something you made and own the rights to – a photo you took, or a software program you wrote, for example. If so, then you can sell it. If you didn't snap the photo, or write the program, it could be an unauthorised copy.

You can also contact the rights owner to find out whether you are authorised to sell the item. Learn more in our Verified Rights Owner Program and intellectual property policy.

What should I do if I see a listing with a counterfeit item?

To report listings that offer counterfeit items or replicas, please contact us.

We have lots more detail on the types of products that are considered unauthorised in our guidelines below, but please be aware this isn't exhaustive list.

Read our full policy

Replicas, counterfeit items and unauthorised copies policy overview

Items that bear a company's official brand name or logo can be listed as long as the products were lawfully made by, for, or with the consent of, that company.

eBay doesn't allow unauthorised replicas, counterfeit items, or unauthorised copies to be listed on eBay. Unauthorised copies may include things that are bootlegged, illegally duplicated, or pirated. These kinds of things may infringe on someone's copyright or trademark.

For examples of what you can and can't sell on eBay, please see the guidelines below.

Please make sure your listings and products follow these guidelines. If they don't, they may be removed, and you may be subject to a range of other actions, including limits of your buying and selling privileges and suspension of your account.

You should report listings that offer counterfeit items or replicas.

What are the guidelines?

Here are some examples of items that can and can't be listed on eBay (note that this isn't an exhaustive list):

 

Allowed Allowed
  • Homemade movies to which you own the rights
  • Music you wrote, recorded, and to which you own the rights
  • Photos you took yourself and own the rights to (if you have the consent of the people in the photos)
  • Software you created and to which you own the rights
 
Not allowed Not allowed
  • Backup or archival copies of software
  • Bootleg recordings from concerts or other live shows (see our Bootleg recordings policy for more information)
  • Counterfeits, fakes or replicas of brand name items (for example, a purse bearing the Chanel name or logo that wasn't made by Chanel, or a cell phone or battery labelled as a Nokia® cell phone or battery that wasn't made by or for Nokia or with Nokia's consent)
  • Counterfeit electronics (like mobile phones) or software
  • Counterfeit replacement parts or consumables that weren't made by the manufacturer that the items are labelled with
  • Digital copy only discs or codes (originally sold as part of a Blu-ray or DVD combo package)
  • Digital media, including but not limited to CDs, DVDs, VCDs, CD-ROMs, Blu-ray and/or flash drives, that contains multiple images of celebrities or models
  • Fake autographs
  • Media (such as CDs, DVDs, flash drives or any other recordable media) containing scanned pages from a book, magazine, manual or other copyrighted materials that you didn't create
  • Compilations of e-books or audio books on media (such as CDs, DVDs, flash drives or any other recordable media)
  • Unauthorised or pirated copies of things like:
    • Movies or videos
    • Audio books and e-books
    • Music CDs, MP3s, MP4s
    • Photos
    • Software
    • TV programs (including CDs or DVDs containing shows that were taped from television)
    • Video games
 

Why does eBay have this policy?

eBay urges sellers and buyers to comply with all governmental laws and regulations. Since the sale of counterfeit items, unauthorised replicas and unauthorised copies is prohibited by law, sellers may not list 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.

Was this article helpful for you?