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Copyright laws of selling fakes and replicas.....
Skinpinch
Posts: 1,531
I just read that thread on the '52 Mantle scam, and it got me to think....do any of the scammers ever get in trouble if they are selling fake cards? Or, are they off the hook when they add the dreaded "it is not graded, so i am selling it as a reprint?"
Are these fish just too small to fry, or is there nothing legally to be done to them?
Mail fraud is a possibility, but it seems they are off the hook with that quote on the fraud part.
I guess a fool and his money probably ends up being the answer.
Are these fish just too small to fry, or is there nothing legally to be done to them?
Mail fraud is a possibility, but it seems they are off the hook with that quote on the fraud part.
I guess a fool and his money probably ends up being the answer.
0
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There is also trademark law protection. If the mark is still being used, it does not expire. Assuming Topps is still in business, they would have the right to block anyone from reprinting their cards, even after the copyrights expire. Cracker Jack is probably the best known example of cards which have trademark but no copyright protection. Teams whose logos are used can also enforce trademark rights to reprints that feature those logos.
There is also tort law (i.e., fraud and deceit). This does not require a manufacturer or licensor to enforce, but can be enforced by an injured purchaser or law enforcement agency (and under certain circumstances by someone suing on behalf of the general public).
Living players have image protection under another area of intellectual property law known as right of publicity. This can extend to the estates of deceased players in some circumstances.
The "disclaimers" that some sellers of reprints use would not be sufficient to absolve them from criminal or civil liability. Announcing that it IS a reprint gets you off the hook for fraud, but may still leave you open to criminal copyright or trademark infringement.
Nick
Reap the whirlwind.
Need to buy something for the wife or girlfriend? Check out Vintage Designer Clothing.
If all wrongdoers were pursued and prosecuted,
there wouldn't be time for anybody in the world to do anything else.
All scammers are betting that the LAW isn't going to care about them;
but sometimes dey do -
"All evil needs to triumph is for good men to do nothing."
<< <i>All scammers are betting that the LAW isn't going to care about them; >>
Mark
That is at the center of the problem...and it is probably true to some degree.
Remember this weekend when a guy posted that this card was being sold almost simultaneously.
Well, I emailed everyone and found out that the current owner is holding and has no intention of selling the card. Thus, obviously a stolen scan...I contacted ebay fraud...I contacted the second seller and told him what I knew...the item was dropped but we all know there is enough evidence here for a case of fraud!
Will ebay report it? Right.
your friend
Mike
<< <i>21671. (a) Any sports trading card that is altered or refurbished
shall be accompanied by a certificate stating the exact work done to
the sports trading card, the date the work was performed, the cost of
that work, and the name, phone number, and address of the person who
performed the work.
(b) Any person or agent thereof, who knowingly sells or trades a
sports card in violation of subdivision (a), shall both:
(1) Refund to the buyer, the full amount paid for the altered or
refurbished sports trading card or the full retail value of any
nonmonetary consideration received in exchange for the altered or
refurbished sports trading card, or both.
(2) Be liable to the buyer for a civil penalty not to exceed five
thousand dollars ($5,000) for each violation. Each card sold
represents a separate and distinct violation.
21672. (a) Any person, or agent thereof, who knowingly
manufactures, produces, or distributes unlicensed or counterfeit
sports trading cards with the intent to deceive, injure, or defraud
another, is guilty of a misdemeanor.
Any person, or agent thereof, who violates this subdivision shall
do both of the following:
(1) Refund to the buyer the full amount paid for the unlicensed or
counterfeit sports trading card or the full retail value of any
nonmonetary consideration received in exchange for the unlicensed or
counterfeit sports trading card, or both.
(2) Be liable to the buyer for a civil penalty not to exceed five
thousand dollars ($5,000) for each violation. Each card sold
represents a separate and distinct violation.
(b) Any person who knowingly sells a cut, unlicensed sports
trading card that has been produced by cutting the card from a
publication in which unlicensed sports trading cards are bound,
without disclosing the source and the means of producing the card,
with the intent to deceive, injure, or defraud another, is guilty of
a misdemeanor.
Any person who violates this subdivision shall do both of the
following:
(1) Refund to the buyer the full consideration paid or furnished
for the cut, unlicensed sports trading card.
(2) Be liable to the buyer for a civil penalty not to exceed five
thousand dollars ($5,000) for each violation. Each card sold
represents a separate and distinct violation.
This provision does not apply to a sports trading card that is
excluded from the definition of "unlicensed sports trading card"
pursuant to subdivision (d) of Section 21670 of the Business and
Professions Code by reason of being bound in a publication.
>>
Now I wonder what my local PD would do if I walked in with a trimmed card and said I wanted the seller charged under 21671? Probably look at each other and wonder what the heck I was talking about!
Does your state have anything similar?
Skip
ANGEL OF HOPE
Skip
TUSTIN CA
<< <i>Now I wonder what my local PD would do if I walked in with a trimmed card and said I wanted the seller charged under 21671? Probably look at each other and wonder what the heck I was talking about! >>
Skip
They would also tell you that they have real criminals out there that they don't have the time or resources to catch.
your friend
Mike
I have an original 8mm film done by a man who used to work for the Associated Press.
The film is from the 1960 World Series and shows Mantle hitting 3 home runs.
I was thinking of transferring the film to DVD...do I have any copyright to this or would I also have to get permission from the Mantle estate, the New York Yankees, and MLB?
Would be interested in hearing any thoughts on this.
Barry