RunRyder RC
WATCH
 1 page 1290 views POST REPLY
HomeOff Topics › Reselling you stuff may be comming to a END !
10-08-2012 03:21 PM  6 years agoPost 1
CWALDO123

rrApprentice

Germantown , Tn - Shelby

My Posts: All  Forum  Topic

http://www.marketwatch.com/story/yo...eril-2012-10-04

Your right to resell your own stuff is in peril
It could become illegal to resell your iPhone 4, car or family antiques.

“It means that it’s harder for consumers to buy used products and harder for them to sell them,” said Jonathan Band, an adjunct professor at Georgetown University Law Center, who filed a friend-of-the-court brief on behalf of the American Library Association, the Association of College and Research Libraries and the Association for Research Libraries. “This has huge consumer impact on all consumer groups.”

Another likely result is that it would hit you financially because the copyright holder would now want a piece of that sale.

It could be your personal electronic devices or the family jewels that have been passed down from your great-grandparents who immigrated from Spain. It could be a book that was written by an American writer but printed and bound overseas, or an Italian painter’s artwork.

Hirobo Evo 50 ,Jr9303 ((( Are Those Things Hard To Fly ?? Nah !! Snicker )))

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 03:45 PM  6 years agoPost 2
Peter Wales

rrElite Veteran

Orlando Fl

My Posts: All  Forum  Topic

My wife commissioned a local artist in England to do a painting for her. She told the artists what she wanted in some detail. When she received the painting it was exactly what she had asked for and she paid the agree price of about $10,000 for it.

Meanwhile, the artist had taken some hi res digital pictures of the painting and started selling prints of the painting. When my wife spoke to her about it, the artist said she owned the copyright and could do as she wished and even sent us some coffee mugs with the picture on it!

My wife consulted a lawyer to find out the legal situation and was told that not only did the artist have the right to do what she had done, if my wife ever sold the painting, the artist had a right to some of the proceeds of the sale.

Needless to say, my wife wont be using that person for any more paintings, if she ever has another one done.

Peter Wales
http://scalehelicopters.org

PM  EMAIL  HOMEPAGE  Attn:RR  Quote
10-08-2012 04:07 PM  6 years agoPost 3
Dennis (RIP)

rrApprentice

Oregon

My Posts: All  Forum  Topic

There is not enough authority anywhere in the world to monitor private sales of goods.

The only difference might be in public sales like auctions. It may have a tendency to shut most of them down. That's no way to gain votes. It will simply piss a lot of people off with more government intrusion.

Liberty once lost, is lost forever.

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 04:50 PM  6 years agoPost 4
RappyTappy

rrProfessor

Traveling the USA

My Posts: All  Forum  Topic

I side with the artist. She bought the artist work, but not the copyright. She only owns the canvas, frame and raw materials. A music artist can record a song one time and then reproduce and sell them by the millions, but a consumer can't buy their CD and do the same. You own the plastic the CD is printed on, but are only given a right to their music on it.

BTW, if this ever went through, there wouldn't be anymore "/rant" threads about the classifieds around here haha.

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 05:19 PM  6 years agoPost 5
GyroFreak

rrProfessor

Orlando Florida ...28N 81W

My Posts: All  Forum  Topic

I side with the artist. She bought the artist work, but not the copyright. She only owns the canvas, frame and raw materials. A music artist can record a song one time and then reproduce and sell them by the millions, but a consumer can't buy their CD and do the same. You own the plastic the CD is printed on, but are only given a right to their music on it.
I side with the purchaser. She told the artist what to create, so in my opinion it was not the artist's personal creation. When you pay someone to do something for you, then it it is yours.
To me, it is a moral issue, unfortunately the copyright laws tend to ignore the moral issues that occur in some cases.
.
If someone paints your house, does he own the copyright to the house, meaning you may have to pay him some part of any future sales of the house ??

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 05:34 PM  6 years agoPost 6
red_z06

rrProfessor

Dumont, NJ

My Posts: All  Forum  Topic

Inventors and designers fall the the same category as well. They both do the same work.

But, inventor exhausts his own time and money to create something and he owns all the rights. Whether the design materialize as profit (over what he spent) will be a gamble.

While designer does exactly the same thing but is compensated for it. Although the designers name may appear on the patent, all the rights are typically assigned to the owners of the company. Even if the design flops, the designer is compensated while the owners will be in the red.

I believe there is a distinction between the artist's own creation vs commissioned work.

www.JustinJee.com

PM  EMAIL  HOMEPAGE  GALLERY  Attn:RR  Quote
10-08-2012 05:45 PM  6 years agoPost 7
ThumbBumper

rrVeteran

A little to the right and down!

My Posts: All  Forum  Topic

There is not enough authority anywhere in the world
Even if there was, two words come to mind. Black Market

If it ain't broke, go fly some more!
http://facebook.com/groups/TORCHS/

PM  EMAIL  HOMEPAGE  GALLERY  Attn:RR  Quote
10-08-2012 06:07 PM  6 years agoPost 8
CWALDO123

rrApprentice

Germantown , Tn - Shelby

My Posts: All  Forum  Topic

Well my wife works for a private company that shall we say makes this widget and they are one of only 3 companies in the US that makes these items. This one widget they have a copyright and invented the product and now they can't hardly sell the item because the Chinese is selling it here and under cutting the price...

Hirobo Evo 50 ,Jr9303 ((( Are Those Things Hard To Fly ?? Nah !! Snicker )))

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 06:09 PM  6 years agoPost 9
Dennis (RIP)

rrApprentice

Oregon

My Posts: All  Forum  Topic

Even if there was, two words come to mind. Black Market
Thats what it will come to.

They will simply create a black market and turn honest hard working, tax paying citizens into criminals.

Same with gun control. Americans will get their guns. No matter how much they clamp down on them.

Liberty once lost, is lost forever.

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 06:41 PM  6 years agoPost 10
GyroFreak

rrProfessor

Orlando Florida ...28N 81W

My Posts: All  Forum  Topic

I believe there is a distinction between the artist's own creation vs commissioned work.
That is the key. Peters wife commissioned the artist to do what she created in her mind.
Try another attorney Peter, give the artist a hard time by bringing a suite against him or her. Maybe not worth it other than the satisfaction.

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 07:59 PM  6 years agoPost 11
Peter Wales

rrElite Veteran

Orlando Fl

My Posts: All  Forum  Topic

It's not worth the hassle. Lesson has been learned and the artist, a young lady and daughter of a good friend, will get no more $10,000 commissions from us.

Her loss.

My feeling is that she has done the work once and wants to get paid lots of times for it. If I ask someone to design something for me and I pay for it, I consider the design mine and the designer an employee for that particular job. However, in art, legally, I am in the wrong and the artist owns the rights to the work.

Peter Wales
http://scalehelicopters.org

PM  EMAIL  HOMEPAGE  Attn:RR  Quote
10-08-2012 09:15 PM  6 years agoPost 12
helicopter

rrApprentice

Omaha, Nebraska

My Posts: All  Forum  Topic

Peter, would a 'contract' imposing no other sales
of the commissioned work sufficed to eliminate this problem?
Byron

I love gravity, it always keeps my feet planted when I fly!

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 10:19 PM  6 years agoPost 13
CWALDO123

rrApprentice

Germantown , Tn - Shelby

My Posts: All  Forum  Topic

Selling on Ebay is what keeps me afloat. If they start this crap it will hurt me.......I can see where it would be hard to monitor folks maybe selling on Craigslist or word or mouth but Ebay it could halt the sale if it bacame LAW !!

Hirobo Evo 50 ,Jr9303 ((( Are Those Things Hard To Fly ?? Nah !! Snicker )))

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 10:23 PM  6 years agoPost 14
Dennis (RIP)

rrApprentice

Oregon

My Posts: All  Forum  Topic

No question about it, e bay sellers and buyers would take a huge hit. Huge.

Liberty once lost, is lost forever.

PM  EMAIL  GALLERY  Attn:RR  Quote
10-08-2012 10:24 PM  6 years agoPost 15
Noobyflyer

rrVeteran

Clearwater, FL

My Posts: All  Forum  Topic

I think we should defer this to China for judgment. I hear they are real strict on copyright and infringment of intellectual property.

PM  EMAIL  GALLERY  Attn:RR  Quote
10-09-2012 12:08 AM  6 years agoPost 16
RappyTappy

rrProfessor

Traveling the USA

My Posts: All  Forum  Topic

My feeling is that she has done the work once and wants to get paid lots of times for it.
you have just summed up the entire artist industry.

I'm curious how much detail of this particular painting did your wife give? I mean was it designed to a T that it could've been painted by number or did the artist have artistic liberty on a general design idea?
She told the artist what to create, so in my opinion it was not the artist's personal creation.
I could tell a artist to make a person running through a garden which is green and the sunset is orange, but that doesn't mean I own their work. An attorney has looked at this and sided with the artist because unless they have official dated material showing the majority of the art created by them and the artist following exactly what they wanted to a T, then no dice. I can see it now people stealing others people created works by saying that just cause they commisioned them and gave them a few ideas of what to create that they own it.

PM  EMAIL  GALLERY  Attn:RR  Quote
10-09-2012 06:43 AM  6 years agoPost 17
Volcano

rrApprentice

chicago

My Posts: All  Forum  Topic

I dont get it? You have the original, if the art becomes popular yours goes way up. Are you worried youll see it at IKEA?

PM  EMAIL  GALLERY  Attn:RR  Quote
10-09-2012 11:34 AM  6 years agoPost 18
red_z06

rrProfessor

Dumont, NJ

My Posts: All  Forum  Topic

It is not just an art work. It is his wife's portrait. It is much like taking a wedding photo from studio. I would not want my wedding photo hanging on the studio's wall for everyone to see.

I do not know how detailed the face is on the painting. But, unless it is an abstract, I wouldn't want my face floating around.

www.JustinJee.com

PM  EMAIL  HOMEPAGE  GALLERY  Attn:RR  Quote
10-09-2012 12:39 PM  6 years agoPost 19
Peter Wales

rrElite Veteran

Orlando Fl

My Posts: All  Forum  Topic

It's not a portrait, it is a pastoral scene based on some photos my wife took while on a trip to Scotland.

There was a contract. The artist downloaded a standard contract from the internet and as she was the daughter of her good friend, my wife assumed there would not be a problem and certainly didn't expect the result when a neighbor came round for a cup of tea and said "oh you have one of those pictures as well, it's a nice picture isn't it?"

When my wife spoke to the artist, she showed her the contract and it clearly said, the artists retained the copyright and reproduction rights for her work.

So everything was legal and above board and apparently this is the standard in the world of art. If she commissioned a painting of my face I am sure no one would want a copy so there would be no problem, but a general scene proved to be popular and so the artist made more money out of it. Now the law is that if she sells the painting at a profit, the artist is entitled to some of the proceeds.

Peter Wales
http://scalehelicopters.org

PM  EMAIL  HOMEPAGE  Attn:RR  Quote
10-09-2012 01:44 PM  6 years agoPost 20
red_z06

rrProfessor

Dumont, NJ

My Posts: All  Forum  Topic

LOL

If there WAS a contract, there is no argument. I assumed there was none as you sought legal advise from a lawyer.

www.JustinJee.com

PM  EMAIL  HOMEPAGE  GALLERY  Attn:RR  Quote
WATCH
 1 page 1290 views POST REPLY
HomeOff Topics › Reselling you stuff may be comming to a END !
 Print TOPIC  Make Suggestion 

 4  Topic Subscribe

Friday, December 14 - 5:04 am - Copyright © 2000-2018 RunRyder   EMAILEnable Cookies

The RC discussion world needs to consolidate. RR is now one choice for that. Its software is cutting edge. It hosts on-topic advertising. Help RR increase traffic buy making suggestions, posting in RR's new areas (sites) and by spreading the word.

The RunRyder Difference

• Category system to allow Rep/Vendor postings.
• Classifieds with sold (hidden) category.
• Classifieds with separate view new.
• Answer PMs offsite via email reply.
• Member gallery photos with advanced scripting.
• Gallery photo viewer integrated into postings.
• Highly refined search with advanced back end.
• Hosts its own high end fast response servers.
• Hosts thousands of HD event coverage videos.
• Rewrote entire code base with latest technology.
• No off-topic (annoying) click bait advertising.
Login Here
 New Subscriptions 
 Buddies Online