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by **reaphux** » Fri Apr 27, 2007 11:04 pm

thanks CavemenLawyer!

by **CavemanLawyer** » Fri Apr 27, 2007 11:55 am

No, copyright infringement does not require financial gain. You can make no money or even lose money and it can still be copyright infringement. Furthermore, even if you only charge enough to break even, under copyright law that is still considered financial gain.

by **reaphux** » Fri Apr 27, 2007 7:14 am

i see. unless of course i'm not profiting from it ? (ie. getting back the cost of printing.)

by **CavemanLawyer** » Fri Apr 27, 2007 4:29 am

Civil copyright infringement doesn't require that you act knowingly or intentionally, though if you do it entitles the copyright holder to additional damages. If you sell non-genuine goods (such as unauthorized reprints) you can still be held liable for copyright infringement, whether you know they are genuine or not. You've profited from an authorized copy, so the copyright holder is entitled to at least the amount of your profit.

by **reaphux** » Fri Apr 27, 2007 1:27 am

How bout if i buy the printed digital copies from a 'supplier' and sell them ? i understand the 'supplier' would have broken the law. but will i be breaking the law by selling the digital copies (unknowing about the supplier's illegal act of printing them).

by **CavemanLawyer** » Thu Apr 26, 2007 11:08 pm

Under the first sale doctrine, license restrictions only apply to the first sale, not to subsequent sales. So if a movie theatre chose to sell one of their posters to an employee, then that employee could sell it on ebay if they wanted to...even if the poster was for promotional/display purposes only. But if you took it without permission and sold it on ebay then you are violating the copyright. Moreover you are guilty of a crime of theft for stealing it from the theatre.

Copyrights prevent all unauthorized duplication. So printing copies of posters yourself is clearly an infringement. If it is for personal use than it may fall under Fair Use. But if you were doing it multiple times or surely if you sold them for profit than you are not going to fall within Fair Use and it is definitely copyright infringement. If you are selling them than that would actually be criminal copyright infringement.

by **kylumi** » Thu Apr 26, 2007 3:25 pm

Its down to proof of ownership in the end Demon m8............and, no-one ever queries it!

It makes no difference if it is copyright or not..........if you purchased something then it is yours to sell as you will...............however, duplication and resale of copyright material is illegal...........

Especially, if it is currency :whistle:

by **Demonology** » Thu Apr 26, 2007 1:24 pm

So in theory whatever you sell on ebay is illegal to do so......that includes dvds as they to don't have the companies permission to sell them on:p

by **BearStyle** » Thu Apr 26, 2007 12:52 pm

It's illegal to reprint a poster and sell it. Here in Sweden it's legal to print it for private use in your own home if you get it directly from the distributor (i.e a company's press-site). But it's still illegal to sell it, and I'm guessing it's illegal everywhere you go.. except for some... less fancy places. lol.
As for genuine posters that are sold on ebay or whichever site, they too are illegal since they most certain don't have permission from the original distributor/company.
Anyway, my take is.. Do whatever you want, as long as your on the right side of the law.

by **bazzah** » Thu Apr 26, 2007 7:30 am

I am 99% sure it is still illegal. You are profiting from copyrighted material, without paying the necessary royalties. I could be wrong, and I am sure there are members here that know a lot more about it than me

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