Selling Nude Art on eBay
Artists will argue that nudes are a form of art. They will stand strong and assert that art is not classifiable as adult content. How to sell nude art on eBay can be a bit confusing. eBay, is a platform catering to all social classes. The company offers a seller’s platform that allows sellers to reach a broad audience. That includes both adults and children.
While we can all agree that nudes are art, that art-form is not always proper for younger individuals. Yes, eBay has strict guidelines in relation to posting artistic nudes for sale. Here we will explore the correct methods for selling nudes on eBay.
Defining Nude Art
eBay has a specific definition for what falls under the classification of nudity. Per the Adult Items Policy (also known as the Mature Audiences Policy), eBay does not decide what is art. eBay is in the business of is helping sell artistic works. eBay insists there are works of art needing proper labels and categorization.
Sexually-oriented art and nudity are items you can sell under the Adult Only category. If the listing is not in the right category, the eBay system will move the listing to the proper category. But, if the work of art depicts anything eBay restricts from listing, they will remove it. If they do remove it, it may result into a “strike” on your eBay account. And we all know what happens when you receive too many strikes. Yes, you are suspended from eBay. It could only be for 30 days or it may be permanently. With that being said, it’s important to follow the rules. Especially in situations like selling “questionable art.”
eBay makes no claim in the “what is art debate.” But, they will go over art listings to examine the product titles and descriptions. They will also go over the images you post to ensure they meet listing guidelines.
Nude Art Categorization
There are regulations seller’s must adhere to with each sale of nude artwork. First, the work must appear under the proper category and subcategory. An auction or Buy It Now option must appear under the category Everything Else. The subcategory proper for nude art is the Adult Only. Those interested in viewing nude artwork will be able to do so after verifying they are 18 years of age or older. This is eBay’s way of protecting younger buyers. It allows the company to and ensures a family safe view-able content in the listings.
eBay’s Definition of Nudity
Any artwork featuring a women’s bare breasts and/or the areola and nipple showing is an Adult Only body of work. Images of some anus and female and male genitalia fall under the same categorization. Items with acts of degradation or graphic violence are not eligible for listings. Also, depictions of masochism, sadism, incest, rape, and bestiality are also exclusions.
Allowances under Art
If the art has female breasts without revealing the areola or nipple, it is eligible for listing. eBay will allow you to list it for sale in the Art section of eBay. A bare male chest and bare male or female buttocks do not fall under Adult Only content.
eBay makes no claim in the “what is art debate.” But, they will go over art listings to examine the product titles and descriptions. They will also go over the images you post to ensure they meet listing guidelines, including: Federal, State, and Local Regulations.
eBay separates other forms of art from nudes. When the nudes are in the Adult Only section, to access the section you must be 18 years old. This is because there are depictions of sexuality activity and nudity. There are also graphic visual descriptions. Many states throughout the USA require a person to be at least 18 years old to view such material. In some states, it is also illegal for people under the age of 18 to own such works.
eBay ensures it adheres to the federal, state, and local regulations. Such rules relate to the sale of items having nudity. There is a page verifying a person’s age before allowing anyone to sign into the Adult Only section of eBay. The page is the “Adults Only” sign In access portal.
• The person must agree to all the statements appearing on the sign in page.
• The person needs to give a valid credit card with their name on it as one form of proof of age.
• They must agree not to share the information with under-aged individuals.
• If the material proves offensive, the person makes the decision to leave the area of the site on their own.
When the person clicks on something to sign in, it is an agreement with automated features.
Traditional Art Listing Regulations on eBay
eBay expects the seller of nude art to list the item per their policy. The eBay platform has more art listing guidelines for sellers of art. eBay has a set of rules for posting art that a seller must adhere to when listing items. Failure to adhere to the Art Policy will result in the relisting of the item. It might also result in the removal of the listing altogether. The rules are part of the “general trade practice” as the art community understands it. It is a policy that supplements eBay’s other seller regulations. The rules do not supplant any other eBay policy.
– Rule #1: The eBay seller must have the authorization to sell the nude art.
The seller must have the right to sell the artwork. The seller must be the owner of the piece. Otherwise, the owner needs to be the original creator of the work. eBay does not allow unauthorized art sales.
– Rule #2: Per copyright and trademark considerations, the nude art listings are original.
The piece needs to be an original work of art that does not violate any copyright laws. The nude art you sell cannot infringe on another person’s rights. The art for sale must not violate any trademarks.
– Rule #3: You can list exact replicas and nude art prints for sale. Sellers can list posters depicting nudity as well. But, there are regulations for such sales.
First, the reproduction must not violate trademarks, copyrights, or any applicable laws. It must also have a correct description, including the fact the piece is a replica. At no time can a seller suggest a replica is an original artwork for sale.
– Rule #4: When you are selling nude art replica works, you must include the word “Repro” or “Reproduction” in the title. The reproduction information needs to be clearer to potential buyers.
In the product description, the seller must also make it clear the nude art is not an original. It is best to add a clear, concise statement suggesting the work is a reproduction. This is to prevent confusion. It allows the buyer to know what they are investing in when they place a bid or buy the art.
– Rule #5: There are regulations relating the use of the artist’s name.
If you are the creator of the original nude art, you can include your name in the title of the product listing. When listing an exact replica of an artist’s work, it is okay use the artist’s name.
– Rule #6: “In the style of works” have special provisions.
“In the style of works,” have different rules. If the art is a piece that is a tribute to an artist’s style, the title and listing cannot include the artist’s name.
– Rule #7: The seller must disclose all necessary information about the body of work.
If the nude art has repairs or any changes from the original piece, the seller must notify the buyer. The information must appear in the description. What changes or fixes appear in the work must be in the product’s description.
eBay’s Art Restrictions
Among the rules for art listings on eBay, there are some things the company defines as “Not Allowed.” The following regulations will help in deciding if the nude art you want to sell is eligible for posting.
– Restriction #1: Sellers cannot sell unauthorized art or reproductions. They cannot exhibit, sell, trade, create or advertise a reproduction or copy of nude art.
– Restriction #2: Sellers cannot guess at the authenticity of the nude art.
The seller must not feign knowledge of a work’s authenticity. Nor should a seller share false information in the product title and description. eBay requires that sellers have “reasonable evidence” of a work of art’s authenticity.
– Restriction #3: eBay sellers cannot partake of deceptive selling practices. They cannot:
• Make misleading claims.
• Falsify information or try to fake an item’s authenticity.
• Falsify information about the rarity or scarcity of the artwork in question.
• Relay false details about the provenance (source) of a work of art.
• Share false details about the artwork’s value.
• Mislead a buyer about the art’s condition or the potential for investment.
– Restriction #4: When you are an eBay seller, you must adhere to all laws that regulate art sales. You must also help in prosecuting those who violate such laws if you can do so.
Some artists may question why eBay has such a rigid policy when it comes to the sale of nude artwork. The company offers the policy to ensure all eBay members a safe trading experience. The goal is to ensure the satisfaction and comfort of the seller and buyer. While some artists may feel the policy is harsh, the company is not debating what is art. eBay does define what nudity is and what categories are proper. They have full control of an item’s visibility under select subtitles. It helps ensure the satisfaction of a broad audience consisting of people of all ages.
Are you an artist?
Allow me to list your work in my eBay store on consignment. I have a client now that I’ve been helping to sell his art. His name is: P.K. Benbow. Check my eBay store showing his current listings: Ask-Danna eBay Store.
You can also learn more about this very talented artist by visiting his website at: BareCharcoal.com
NOTE: My consignment terms will be adjusted per artist. The % will be decided upon mutual agreement. I do not have a one-size-fits-all consignment contract for artists. You can learn more about my “basic” consignment services using the tab below.
I have great respect for artist. One of my daughters graduated from UF as an art/history major specializing in photography. Our family enjoys the company of creative people.
Further reading on this subject can be found directly on eBay.