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Can Someone Explain This Email To Me Please


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#1 Linda in NY

Linda in NY

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Posted 15 October 2006 - 06:40 PM

Hi all,

We got this email regarding an auction we having going on ebay. I was wondering why the person would ask this question regarding the copyright on the image, and what they might possibly be doing to ask this question.

And what does it mean to me ?? Should I do it, does it matter ?? Anyways, here's the text portion of the email. Thanks.
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Hi: I notice your copyright symbol. Would you be willing to release all Rights to me, including but not limited to Copyright and Distribution Rights, on All images on this item, if I were the successful bidder ? I will need this in the form of an email, and a signed letter with the package. Please do let me know. Thanks & God Bless. -Anand
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Thanks again,
Linda

#2 Respree

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Posted 15 October 2006 - 07:12 PM

You weren't very specific, but I presume your auctioning off an image of some kind (art print, poster, postcard).

I suspect the sender assumes that you own the copyrights and assumes those rights will transfer to them, once they purchase whatever you're auctioning off. Perhaps they're thinking that if they acquire the rights, they can simply duplicate it themselves and start selling them on E-bay, just like you.

More information would be helpful.

#3 Linda in NY

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Posted 15 October 2006 - 07:21 PM

Respree,

Sorry about that, thanks though. Yup we are auctioning off an aircraft recongnition booklet from WWII, and I always put a copyright on images, kind of as a form of advertising our site, since ebay doesnt allow a link to the site on the auction page, but we do have one on ebay me page.

Also, I found some people were using the images from brochures of cars etc, on there sites and using bandwidth, so I figured they could use the images and I'd use them having our images as advertising.

I guess its no biggee then, if they want to reauction the item, it more advertising for us, right ?

Thanks again,
Linda

#4 bragadocchio

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Posted 15 October 2006 - 08:04 PM

The copyrights for images that are on brochures, pamphlets, and other items that you sell belong to the people who originally took the pictures.

What this person sounds like they are asking you is if you would sell a license or assignment of copyright to use those images for whatever purpose they may intend. It's something that you don't own, so you can't sell it.

There may also be other legal rights attached to images, such as trademarks when those images show things like logos. Again, it's something that you don't own the rights to, so you can't transfer those over to another.

Signing those rights over to another would potentially place you in some legal jeopardy, especially if the owner of the copyrights/trademarks decided to pursue legal action against those folks.

It's fine to display the pamphlets and brochures for sale - but you aren't selling a license to use those images on other things.

Some of the pictures from items that you are selling may be within the public domain, such as works created by government employees during their normal course of business while employed as government employees. Some may be by virture of the copyright expiring. But even if they are in the public domain, you still can't sell distribution and reproduction rights for images on those items.



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