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I have 1000's of old vhs' i want to sell online. Is it legal to take pictures of them and upload to webapp?

I have 1000's of my old vhs' videos that i want to sell online. Is it legal to take a picture of each of them and upload to webapp instead of just listing the name of each? How does sites like ebay handle the copyright issues? e.g. they let users post pictures of vhs's and no user gets permission of the vhs maker before selling it on ebay. I also notice a lot of mass-websites display cd cover thumbnail of cd's "coming soon" where they are still negotiating the rights to the music w/ the music label. Is there some resolution or common sense laws protecting companies right to have thumbnail pictures of products they sell or plan to sell even if its used and they have no agreement w/ the individual labels owning each old used product?

2007-02-27 09:59:28 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

What about if I want to have a lowrez thumbnail of a dvd box cover on my home page that links to other websites of fans and blogs who talk about that show? I was thinking it would be fun to do a review site of my favorite movies but wasnt sure if its legal to have a thumbnail picture of the movie box.

2007-02-27 10:11:30 · update #1

looks like thumbnails are not only ok but a right according to fair use: http://en.wikipedia.org/wiki/Kelly_v._Arriba_Soft_Corporation

2007-02-27 10:27:03 · update #2

5 answers

Wow, that's very conscientious of you, to ask about copyright infringment from the thumbnail image.
(1) as I'm sure you know, it's legal for you to sell your (legal) VHS tapes (NO copies from HBO!) according to the "first sale doctrine."
(2) A thumbnail image, so long as it's not hi res (i.e. that could be used to actually reproduce the cover) is probably "fair use" of the cover art to aid in your selling of the VHS tapes.

(3) I've seen plenty of "real" pictures of VHS sleeeves, etc., on eBay, and I'm sure no one gets a license to take the picture of them.

(4) It's probably better than the alternative -- copying thumbnails from, say, Amazon which do not depict your product and are actually owned by Amazon!

2007-02-27 10:06:31 · answer #1 · answered by Perdendosi 7 · 0 0

Yes it is a very good idea to take a picture of the actual item you are selling to put on eBay. And if you don't have the sleeve for the video any more make sure to make that clear too, because you wouldn't believe the number of people who squawk about the packaging of used items they buy on eBay! I've worked in dispute resolution and people complain that there are rips or water marks on paper covers that 'diminish the value' of an item they paid 99 cents for! So the better your description and the pictures the less likely that you'll need to deal with 'not as described' disputes.

2007-02-27 10:11:32 · answer #2 · answered by endorable 4 · 0 0

Are these videos you recorded from TV? if so, then that's really tricky trying to sell online.

Now if these are manufactured VHS' that you bought/paid for, you CAN sell them legally.

2007-02-27 10:03:28 · answer #3 · answered by misstiaemail 3 · 0 0

You can take a picture of the VHS. As long as you don't alter it and say that you made the video when Paramont or Sony did.... there is no violation.

2007-02-27 10:03:38 · answer #4 · answered by piemat 2 · 0 0

if you are just printing the photo of the movie it should be
okay..besides how else are your buyers seee what you are selling?

2007-02-27 10:08:15 · answer #5 · answered by mobilemark 7 · 0 0

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