I have complained to ebay on 9 occasions and have emailed the seller pointing out that I own the copyright to the videos and that he cannot legally sell them. I have not had a reply. Any suggestions?
You don't say if you are based in the UK, so I will assume you are, and also that the seller is in the UK.
Ebay are required to take down any listings which you inform them are infringing copies of your work or they will become liable for secondary infringement:
However eBay will not be liable as long as it has no knowledge a specific article is infringing, due to a provision in Article 14 of the EU eCommerce Directive, so unfortunately you have to keep informing them of each new listing; they can't or won't apply a blanket ban on a product. This is because it is perfectly legal for someone to re-sell a product they legally own. So for instance if you were selling your videos on DVD, one of your customers could re-sell his copy on eBay quite legally. Ebay doesn't, and can't be expected to, know which products fall into this category.23 Secondary infringement: possessing or dealing with infringing copy.
The copyright in a work is infringed by a person who, without the licence of the copyright owner—
an article which is, and which he knows or has reason to believe is, an infringing copy of the work.
- (a) possesses in the course of a business,
(b) sells or lets for hire, or offers or exposes for sale or hire,
(c) in the course of a business exhibits in public or distributes, or
(d) distributes otherwise than in the course of a business to such an extent as to affect prejudicially the owner of the copyright,
Since this person appears to be trading as a business, your best bet is to contact your local trading standards office and make a formal complaint. They can if necessary commence legal proceedings against this person. This will save you the cost of bringing a civil action to stop them.