neglus
|
posted on September 14, 2004 03:30:28 PM
All of sudden I am getting requests to purchase high resolution scans of my postcards. Some are for completed auctions that the person missed - I have one for a current listing. I figured a way to sell through my store and stay ebay legal, but I feel a little uneasy about this. Are any other postcard sellers getting requests like this?
I just wonder if the happy purchaser (hopefully high $ purchaser) of a card from Small Town USA will feel not so happy when all of a sudden the local bar has a print made from a scan of the postcard he bought! I have one buyer who purchases cards to make and sell notecards - how would she feel if someone else has a scan of the same card and does the same thing?
Postcards (except the real photos) were mass produced, so it isn't like the card I am selling and the image they are requesting is one of a kind..but some are more commonly found than others.
A legal question - At what point does the image stop being "mine" to market?
And finally, my latest request was for a high resolution "PDF" scan - what is that and why PDF and not jpeg?
tia
**********************************
Sig files are too much trouble!
http://stores.ebay.com/Moody-Mommys-Marvelous-Postcards
|
Roadsmith
|
posted on September 14, 2004 03:39:51 PM
Just curious--how much are they offering to pay?
I think I wouldn't give permission to them. As we used to say in city government, "It may be legal, but it ain't odor-free."
|
jvj24601
|
posted on September 14, 2004 03:50:07 PM
Sounds like they might be asking you to infringe on someone else's copyright.
In order to legally reproduce a professional photo at a photo place (or even the DIY scanners at Wal-Mart), the image must be at least 70 years old. At least the was the problem I came across two years ago, copyright laws may have changed by now. I'd be very, very careful.
|
iareateacher
|
posted on September 14, 2004 06:06:53 PM
A legal question - At what point does the image stop being "mine" to market?
I think what you're asking is at what point is the image yours to sell at all.
No one disputes your ownership of the postcard, but the image thereon...as you say, there's the rub.
A good question and it deserves a correct answer.
--
|
iareateacher
|
posted on September 14, 2004 06:11:44 PM
Here's an easy-to-understand discussion of some of these issues. It doesn't address your specific question, but it does make good points about similar issues.
http://www.patents.com/weblaw.sht
--
|
iareateacher
|
posted on September 14, 2004 06:18:10 PM
Neglus, are these for the most part scenic postcards? Or would they include images of artwork, statuary, buildings...?
--
|
photosensitive
|
posted on September 14, 2004 07:16:08 PM
Neglus, for several years I have sold high resolution scans of images in my collection to publishers of books and film and video producers on a very casual basis. Most of these images are well over 100 years old and I am making the assumptions that they are in the public domain. I consulted an intellectual property lawyer and he told me that I can make such assumptions about US copyrights but not necessary UK or some other countries were copyrights can be renewed for longer periods.
I found the page below helpful (but make no guarantee for its complete correctness) and it seems to be very much what the lawyer told me. I have used the 1923 date from this chart as my cut off date since that is also what the lawyer told me.
http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
As to your right to continue to sell the image after you sell the card, I have no idea. Since they are not unique images and you made the scan before you transferred ownership I don't know if the buyer could object in most cases. As you mention if someone bought it with the intention to reproduce it they might object, In you intend to do this as a regular practice you need to talk to an intellectual property lawyer. I found the lawyer by asking my tax accountant for a recommendation, calling that lawyer, and being referred to another who specialized in cyber and copyright law. He gave me a one hour consultation at no cost and I went in with a list of questions that he answered. I not only cleared up some of my confusion but got a better idea of what I need to do if i want to make my image service more formal than it is.
-----o----o----o----o----o----o----o----o
“The illiterate of the future will be the person ignorant of the use of the camera as well as of the pen.”
Maholy-Nagy, Vision in Motion, 1947
|
neglus
|
posted on September 15, 2004 07:49:25 AM
Sorry - I went out last night and then crashed & burned and didn't get back to board to see the great advice you all posted.
The postcards in question are scenic cards. The latest request is for a scan of a postcard of a school in a small town circa 1910 - there is a monument in front of the school. There are two bids on the card and I expect that it will do pretty well (though lately I have had a lot of "one bid wonders" . I am pretty sure that the copyright on the card (96 years old) has expired and the image is in the public domain. The company is no longer in existence.
In my haste to leave last night, I agreed to provide a scan of the postcard (before waiting to read your input). I think it will be the last one I do - I don't need the money and I don't feel right about it. Somehow it doesn't seem fair to the buyer of the postcard.
Thanks all for the advice and the great links!
**********************************
Sig files are too much trouble!
http://stores.ebay.com/Moody-Mommys-Marvelous-Postcards
|
photosensitive
|
posted on September 15, 2004 07:53:50 AM
You would be fine with copyright on cards of that era but if you feel an all uncomfortable with selling scans of cards you have sold you are making the right decision.
-----o----o----o----o----o----o----o----o
“The illiterate of the future will be the person ignorant of the use of the camera as well as of the pen.”
Maholy-Nagy, Vision in Motion, 1947
|
EclecticClutter
|
posted on September 16, 2004 09:16:49 AM
Neglus,
My husband went to kinkos to get some banners made and they asked him to bring the files in pdf format. They said it would give a better image than jpg also to make sure their program would accept it ?
Just what I heard.
|
jake
|
posted on September 16, 2004 10:25:10 AM
Is it even possible to get a high enough quality scan that would print to look good? The file size would be extremely huge to do so I would think.
|
photosensitive
|
posted on September 16, 2004 12:22:32 PM
It is possible to use scans for quality publications. Images from our collections have been used in many text books, some very well printed art books, as well as videos and museum displays . I can scan on our Epson flatbed scanner at 300 dpi to a size to meet most publishers needs. The scans would not be big enough for a billboard but they have made beautiful exhibition prints up to 30 X 40 inches. At the larger sizes the files need to be sent on a CD.
-----o----o----o----o----o----o----o----o
“The illiterate of the future will be the person ignorant of the use of the camera as well as of the pen.”
Maholy-Nagy, Vision in Motion, 1947
|
neglus
|
posted on September 17, 2004 12:07:04 PM
Yikes - got another one today! I sold a postcard last night for $45 and today I got a request for a high quality scan from an unsucessful bidder (he was sniped and lost it by a $1 when the bid had not moved all wekk). I declined and offered to forward the request on to the new owner of the postcard.
I remember one time when I sold a very desirable postcard, the winning bidder asked me to delete my image from the auction (I just leave them attached for the duration). Can't people just save the scan I provide with my listing (I think I am scanning at high resolution to begin with)?
**********************************
Sig files are too much trouble!
http://stores.ebay.com/Moody-Mommys-Marvelous-Postcards
|
