Written at 16 Nov 2012 on 20:40
So, when a theater leaves out the mini promo posters (from new, contemporary films) in stacks by the box office, customers take them until they are gone.
If the customer grabs 5, 10, 20, however many, can the customer later sell them, since it now becomes his/her personal property?
No laws, copyright or intellectual property laws have been violated, to my understanding. The posters have not been duplicated.
I have someone telling me differently, that it DOES violate some type of law, I feel they are simply trying to strong arm a collector with a surplus of original material? Am I wrong?
Written at 16 Nov 2012 on 21:02
Well it's wrong. You can't sell them because that's not using them properly. They are meant for promotion, not for resale. And the companies have ownership rights on the movie, the characters and pretty much everything on that mini poster.
You're directly violating their property by resale. If you hand them out for free that's one thing, but selling them for profit fits into another category.
In short, it's wrong to sale them. Then again it depends on the case, the scale and if they would catch you/will be willing to exercise their rights in court.
But to answer your question - it doesn't become your 'property', it's simply in your possession in good faith. Selling them would violate it and you could be subject to penalty
Written at 16 Nov 2012 on 21:43
Thanks for our input Rage. So what you are ultimately saying is that a knock on the door from (insert studio here) and they demand the items back, they can take them, if you have sold 1 or 20 or even none? I guess in 25 years of collecting, I've never had this experience with the free giveaway mini posters.
In addition, in accordance with your theory, every 'original' movie poster (1-sheets we're talking) that is SOLD is a potentially 'illegal' transaction?
Written at 17 Nov 2012 on 00:05
Well if you read the terms and conditions that apply to these materials you will see that they are written so that you, regardless of what you're using their stuff for, have no ownership on it. And they may hold you liable for any damages done to their TM, Copyright, Francaise etc.
Ofc it's a slippery road but ultimately in the eyes of court, you will be the violator for sure. To what extend I can't tell and it depends on many things.
This is my opinion because I've seen the way their legal agreements are written. Your (un)awareness of them may play a role in court but I can't say anything for sure.
Don't take my word for it, ask them directly and see where they stand. Chances are they will ignore you. If you grow into a million-dollar business, they will surely sue you
Written at 17 Nov 2012 on 02:56
Well thanks for the input, that 'slippery road' is always an interesting conversation. I'll probably just bequeath my non-million dollar collection to my children and make them the million
