QUESTION
I have a one of a kind photograph taken in 1986 of the Tampa Bay Buccaneers VS the Chicago Bears. Can I sell this photograph on eBay?
Asked on May 09th, 2012 on Intellectual Property - Florida
More details to this question:
The photo was intended to be used for a billboard project in early 1987. The image was not used as it was rejected by the Buccaneer organization at the time. I''ve had this hanging on my wall ever since and would like to get a little cash since I''m out of work at the moment. I had typed a beautiful ad and was about to post when it hit me; I may not have legal rights to this image. Mind you, it was rejected but I don''t want to do something which might infringe on a copyright I''m not aware of.
2 ANSWERS
Sports Attorney serving Sunrise, FL
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Nancy J. Flint Attorney at Law, P.A.
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Your question shows the distinction between the rights in a copyrighted work and the rights to the physical object that embodies a copyrighted work. When you purchase an item that embodies a copyrighted work, such as your photograph or a CD or a book or a painting, you own the physical object but you haven't bought the copyright in the underlying work. You are free to sell the physical object; however, as noted, you can't make copies because the right to make copies belongs to the owner of the copyright in the underlying work.
Answered on Jun 02nd, 2012 at 1:40 PM
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If you are lawfully in possession of this copy of the image, you may lawfully sell it. The Copyright Act does not prohibit resale of copies that were lawfully made and acquired; it prohibits copying and related distribution.
Answered on May 09th, 2012 at 3:10 PM