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Re. my Bev Doolittle print. look at this.
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<p>[QUOTE="all_fakes, post: 229582, member: 55"]Some interesting legal issues in this thread. I think it likely that the Doolittle publishers are trying to get protection (which ebay will of course grant them) that exceeds what they could legally enforce.</p><p>I know of two legal decisions (which the legal eagles could perhaps find) and my recollection is that in a lawsuit to enforce the "no cover book as stolen" the courts found that the publisher could not in fact enforce it. The original books were sold by the publisher to the bookdealer, and it became the bookdealer's right to do whatever they wanted with them. The publisher's policy of making refunds based on returned covers did not affect the rights of the bookdealer to resell the books with or without covers, and the lack of a cover was found to be insufficient proof that the books were "stolen property."</p><p>You'll still find the notice in recently published books....but it has no real legal meaning.</p><p><br /></p><p>A second decision, relevant to records bearing the note "promo copy only" and sometimes found with a hole punched in the cover to prove that they were not for resale: in a case seeking to bar resale of these, the court decision was that these records were given to individuals and radio stations, and that once given, the recipient could do what they liked with them; there was no enforceable legal right to control resale.</p><p><br /></p><p>So my guess is that even if Doolittle books have a notation "not to be cut up and resold" the courts would likely not enforce that, though ebay might well grant VeRO protection.</p><p>I'd think there is no legal problem framing and selling a page from a book, especially if the seller is careful not to represent it as something other than that.</p><p>Auctioning it as "limited edition print" might be a different matter, since it is not a limited edition print, or any other sort of print.[/QUOTE]</p><p><br /></p>
[QUOTE="all_fakes, post: 229582, member: 55"]Some interesting legal issues in this thread. I think it likely that the Doolittle publishers are trying to get protection (which ebay will of course grant them) that exceeds what they could legally enforce. I know of two legal decisions (which the legal eagles could perhaps find) and my recollection is that in a lawsuit to enforce the "no cover book as stolen" the courts found that the publisher could not in fact enforce it. The original books were sold by the publisher to the bookdealer, and it became the bookdealer's right to do whatever they wanted with them. The publisher's policy of making refunds based on returned covers did not affect the rights of the bookdealer to resell the books with or without covers, and the lack of a cover was found to be insufficient proof that the books were "stolen property." You'll still find the notice in recently published books....but it has no real legal meaning. A second decision, relevant to records bearing the note "promo copy only" and sometimes found with a hole punched in the cover to prove that they were not for resale: in a case seeking to bar resale of these, the court decision was that these records were given to individuals and radio stations, and that once given, the recipient could do what they liked with them; there was no enforceable legal right to control resale. So my guess is that even if Doolittle books have a notation "not to be cut up and resold" the courts would likely not enforce that, though ebay might well grant VeRO protection. I'd think there is no legal problem framing and selling a page from a book, especially if the seller is careful not to represent it as something other than that. Auctioning it as "limited edition print" might be a different matter, since it is not a limited edition print, or any other sort of print.[/QUOTE]
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Re. my Bev Doolittle print. look at this.
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