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Legality of selling someone else's photoshop on Ebay?

Discussion in 'BBS Hangout' started by napalm06, Aug 14, 2010.

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  1. Major

    Major Member

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    Whoever created it automatically has a copyright to it. You don't have to put a copyright symbol, nor do you have to register it anywhere. That said, if he wants to go through the legal process, he'd have to file copyright infringement suit and prove that he created it first.

    The real question the original poster needs to ask is what does he want? If he just wants a free poster, I'd send a friendly email telling him you created it, but don't mind him using it if he sends you a print. If you want to make some money, you can ask him to pay some kind of license fee for rights to use it. If you want to stop him from using it, you can try a friendly email explaining the situation, or go with a cease & desist type letter, or if those don't work, file a suit. It's up to you what you want to do and how far you are willing to go. But, no, the guy doesn't have a right to take your work and sell it on EBay without your permission.

    That all said, I don't know the answer to DD's point whether you then have the right to profit off Brooks' photo, the Rockets logo, etc.
     
    #21 Major, Aug 14, 2010
    1 person likes this.
  2. napalm06

    napalm06 Huge Flopping Fan

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    Thanks for the insightful post.

    I think you and others (and my first instinct) are right: I (and my brother) don't have the right to really be selling Rockets likenesses/merchandise anyways.

    I just thought it was corny that the guy ripped it off and is selling it for himself. I would like a free poster. :p

    EDIT: Also the guy is in Scotland.. kind of a pain in the butt as far as a suit is concerned, but I'm not a naturally litigious person anyways.
     
    #22 napalm06, Aug 14, 2010
  3. Major

    Major Member

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    Another solution - if you really wanted to stop him - is to just tell the NBA about it. With how they like to protect their property rights, they might threaten him with a cease & desist. I believe they did that with earlier versions of Clutch's site, and my company got in their crosshairs when we had an NBA fantasy game and they were trying to prevent us from using players' names.

    Not suggesting that you go this route, but if you really don't like him using the picture, it's an option. They are very assertive about that type of stuff.
     
    #23 Major, Aug 14, 2010
  4. napalm06

    napalm06 Huge Flopping Fan

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    That will be the last resort.

    Right now I've simply, kindly asked for some copies for my family to enjoy.

    For those of you interested in the actual licensing, the original deviantart page DOES claim a Creative Commons non-derivative 3.0 license.
    http://creativecommons.org/licenses/by-nc-nd/3.0/
     
    #24 napalm06, Aug 15, 2010
  5. Landlord Landry

    Landlord Landry Member

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    wait, so people pay money for photoshops on ebay?
     
    #25 Landlord Landry, Aug 15, 2010
  6. napalm06

    napalm06 Huge Flopping Fan

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    Ha, you wouldn't think so, would you?
     
    #26 napalm06, Aug 15, 2010
  7. brantonli24

    brantonli24 Member

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    Isn't this sort of similar to that image of Obama and the word Hope under him? The use of a 'public' figure, and other people are profiting off the artist's work.
     
    #27 brantonli24, Aug 15, 2010
  8. RoxSqaud

    RoxSqaud Member

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    Have this in my living room. Got it from Ebay.

    [​IMG]
     
    #28 RoxSqaud, Aug 15, 2010
  9. DontTradeOswalt

    DontTradeOswalt Member

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    He'll probably send out a blank poster board and rip you off, damn 20 bucks?! I might have to do some googling myself ;)
     
    #29 DontTradeOswalt, Aug 15, 2010
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