posted on January 27, 2002 12:58:03 AM
At a flea market, I found a very uncommon framed photo of The King (Elvis). Thinking it was a real photograph, I paid $15. When I got home I realized, to my disappointment, that it was merely a scan or copy on a piece of paper. The image is still unique enough that it would probably be desirable to Elvis fans. So this leads to my question. I have a decent copy machine at home. If I make good quality copies of this & print them on high quality paper, can I sell them on Ebay and call them "PHOTOS"? Or does the word PHOTO only mean an actual photograph from a negative? I'm wondering if the tens of thousands of Ebay auctions selling celebrity photos are actually PHOTOS or SCANS or COPIES--or if these terms are actually blurring into each other these days?? Please help.
posted on January 27, 2002 07:24:33 AM
There is a big difference between a photo and a printout. If you try to sell a printout as a photo, be ready to have buyers demanding refunds and leaving nasty feedback. Just look at your own statement - you bought it thinking it was a photo and were disappointed to discover it was just a printout. This is exactly how your buyers will feel.
posted on January 27, 2002 07:47:41 AM
Somewhere out there, someone owns a copyright to that picture. If you were to scan it and put it on photopaper and try to sell it, you are in violation of that copyright. Secondly, the estate of Elvis controls his likeness, you cannot create anything with his likeness and sell it for a profit.
posted on January 27, 2002 08:17:51 AM
You've gotten some good advice which I would listen to. That said, it sounds like you were asking because you purchased something you didn't really want and don't want to eat the loss. Not a bad idea but your methods (as others have stated) could make buyers upset and /or produce legal problems for yourself. Why not just sell it for what it is, a copy?.
If it is truly unique, you will probably get some bids. Maybe you'll get most of your initial investment back. However, its possible
you may have to eat the $15 and move on.
From personal experience I can tell you that you are not the first person to buy something only to discover that you don't really need it.
