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Is it legal to sell photocopies of autographs?
02-16-2013, 06:36 PM
Post: #1
Is it legal to sell photocopies of autographs?
I have some cool autographed photos, and last week I got new printer/scanner/copier and I was testing all the functions, I scanned one of my pics so I would have it on my pc, be able to show it off on my facebook and so on.. then I made a copy with some nice quality glossy photo paper just to see what the quality would look like and it came out almost exactly like the original.. My kids said do loads and put them on ebay.. I replied that I'm fairly certain that would be illegal, they said it would be fine as long as I listed them as, photo PRINTS of autographs.. or copy prints or something like that..

But surely the pics would be copyrighted image anyway?? a few of my friends say no, as these things are given away at conventions, meets and so on.. and there is no watermark or copyright symbol.. but I think that it sounds like a very dubious, dodgy, easy way to make money..

I'm not even bothered about making money this way tbh... if it was legal I'd maybe only sell a couple for a small price.. fans would like them I'm sure.. but really I'm just asking now because I'm sure I'm right but everyone else is saying I'm wrong and stupid for not doing it..
My kids don't want any money for themselves, they earn more than me lol.. They're grown.. I just call them kids because I'm still mum.. Smile

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02-16-2013, 06:44 PM
Post: #2
 
Your idea is far from new. Even back in the early days of Ebay, people would do high quality computer prints of autographs, often even trying to pass them off as originals. And sometimes people just do the photos with questionable "autographs" on them they've probably made themselves.

Anyway, it's highly likely whatever image you have is indeed copyrighted, so making copies of it and selling them would indeed run you into trouble regardless of the autograph. The ones given away at things like conventions are usually bulk printed by celebrities themselves (or to people who have legally licensed permission to do so), which is why they're not an issue. They don't have to put things like watermarks or copyright symbols on images to preserve protections.

You might want to spend some time seeing what you'd be up against on Ebay these days, and what their limitations are. But even if they allow you to sell as you'd describe, you likely wouldn't get much if anything beyond what the paper, ink, and postage are costing you. And you still never know when a copyright holder is going to come down on your particular image.

The main thing you'd be able to do legally is sell the originals. Your kids need to get dollar signs out of their eyes thinking your home printer is now minting money for you.

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02-16-2013, 06:44 PM
Post: #3
 
Look on Ebay. At this very moment there are nearly 2,700 listings under "Autographs - Reprints" . You shouldn't have any problem legally if you make it very clear that this is a copy of an autograph.
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02-16-2013, 06:44 PM
Post: #4
 
If you don't have a license from the owner of the copyright of the photo, then (by definition) you have no right to copy it, let alone distribute it in hardcopies or online, whether freely or for money. You can be sued by the photographer or whoever owns the copyright. 17 USC § 501.

If you willfully infringe copyright for commercial advantage or private financial gain, that is also a felony. 18 USC § 2319. It only takes one phone call from any of the millions of people on the internet to alert the copyright owners what you're doing, assuming there is any way to identify the source of the photos.
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02-16-2013, 06:44 PM
Post: #5
 
Autographs are not the issue if you acknowledge when selling that they are reproduced. The photos are the issue because they are copyrighted, which prevents you from legally reproducing or selling them without authorization. But you can sell them if you obtain permission or license them.
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