This guy uses alot of words to say that he's selling copies of an original print. Is this legal?
http://cgi.ebay.com/ws/eBayISAPI.dll?Vi ... otohosting
I dont care how much his printer costs, a copy is still a copy.
Is this considered a "Bootleg"?
"Legal" is a borderline word to use here since technically the print itself (in any form) is "illegal" because it violates Phish's policy on band/show art.
But I'd consider it a bootleg, yep. Or at best an "alternate printing".
But I'd consider it a bootleg, yep. Or at best an "alternate printing".
Tra la la la la...
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cushway
- Art Connoisseur
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Wow---------what a twisted use of words.
A bootleg is the unauthorized reprinting of a work of art. From his wording I do not think the original artist or Phish authorized it. {Actually the only person able to authorized it is the copyright holder, which, after 1978 is the original artist------even a copyright symbol {a small c with a circle around it} is not necessary].
This also amply illustrates the dangers of using/permitting 11X17 ink jet printing medium.............
Phil
A bootleg is the unauthorized reprinting of a work of art. From his wording I do not think the original artist or Phish authorized it. {Actually the only person able to authorized it is the copyright holder, which, after 1978 is the original artist------even a copyright symbol {a small c with a circle around it} is not necessary].
This also amply illustrates the dangers of using/permitting 11X17 ink jet printing medium.............
Phil
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drowningcreek
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What a douche bag.
So if you have access to a high quality scanner, I guess one should think making copies is OK.
So if you have access to a high quality scanner, I guess one should think making copies is OK.
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Clifford_Ball
- Art Enthusiast
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Anyone know how you report these things to Ebay?
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Clifford_Ball
- Art Enthusiast
- Posts: 31
- Joined: Sun Jan 11, 2004 2:00 am
I emailed this guy about his auctions and this is the reply I got...
Sorry tlange413 :
How is it illegal if people are selling this sort of stuff all the time. I
dont mean to ruffle anyones feathers here. But I see stuff listed like this
all over. And I thought phish mem. was the type of stuff that was able to
be sold and bootlegged. Unfortunately, I also dont see a copyright issue
either. A fan artisit puts his work out there for everyone to have, see and
use. But..... I will also contact ebay and do some research to see if ebay
views this as illegal. If this poster maybe was U2 or NSYNC, i would
definitly not post it. If it is found illegal, I will stop. But thanks for
your concern. If youd like a poster, you may still purchase them. I hope
we dont have any problems.
Thanks,
Eric
BID WITH CONFIDENCE
ebay id: ebodykool1
ebodykool@hotmail.com
I dont know what he's talking about, "If someone else is doing it it cant be wrong", "If it was U2 or NSYNC I wouldnt do this", "A fan artist puts his work out there for anybody to use", seriously messed up.
Sorry tlange413 :
How is it illegal if people are selling this sort of stuff all the time. I
dont mean to ruffle anyones feathers here. But I see stuff listed like this
all over. And I thought phish mem. was the type of stuff that was able to
be sold and bootlegged. Unfortunately, I also dont see a copyright issue
either. A fan artisit puts his work out there for everyone to have, see and
use. But..... I will also contact ebay and do some research to see if ebay
views this as illegal. If this poster maybe was U2 or NSYNC, i would
definitly not post it. If it is found illegal, I will stop. But thanks for
your concern. If youd like a poster, you may still purchase them. I hope
we dont have any problems.
Thanks,
Eric
BID WITH CONFIDENCE
ebay id: ebodykool1
ebodykool@hotmail.com
I dont know what he's talking about, "If someone else is doing it it cant be wrong", "If it was U2 or NSYNC I wouldnt do this", "A fan artist puts his work out there for anybody to use", seriously messed up.
so true. . .cushway wrote: This also amply illustrates the dangers of using/permitting 11X17 ink jet printing medium.............
Phil
a bootleg of FAN ART!! weird.
The information contained in this post does not necessarily reflect the opinion of Expressobeans.com (EB) and shall not be held to limit the rights of EB under the Fair Use Doctrine or any other federal, state, or local law which may be applicable.
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Bakedbeens
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Plus, he's charging $10 for shipping!
They do so much with just the notes that they have. I mean who does that? Who messes with that kind of stuff?
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drowningcreek
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I can't believe what a moron that guy is..... I cannot even express how angry that attitude in the letter from him makes me.
Some people are so stupid. A waste of oxygen.
Some people are so stupid. A waste of oxygen.
generally, you can use eBay's system to report problems with sellers or bidders. . .Clifford_Ball wrote:Anyone know how you report these things to Ebay?
start here and wade through the junk: http://pages.ebay.com/help/index.html
in THIS case, best results would be gotten by emailing phish's attorney kevin Shapiro, (kevin@phish.com) and tell him in simple english that the seller admitted to making bootlegs of phish merch and belived it was tolerated. Kevin can send a quickie form letter or use his ebay VERO status (verified rights owner) to have the auctions taken down very quickly.
be sure to send Kevin the Auction Number, description and the email admitting guilt for fastest results and to save him time looking it up.
eBay does take this fudge seriously, but VEROs have WAY faster and more reliable results.
The information contained in this post does not necessarily reflect the opinion of Expressobeans.com (EB) and shall not be held to limit the rights of EB under the Fair Use Doctrine or any other federal, state, or local law which may be applicable.
i just filed a report with ebay myself. i reported both of this loser's posters - item # 3842939835 and item # 3842938623
i used this form:
http://pages.ebay.com/help/contact_inli ... sting.html
i used this form:
http://pages.ebay.com/help/contact_inli ... sting.html
the ebay item has been deleted...
Hence, complaining to Ebay DOES work, especially when the copyright owner uses the Ebay VERO program.... Ebay doesnt like to take risk and is more likely to take something down rather then risk a legal conflict
As an example on the flipside, Wolfgang has been able to shut down a few auctions on Ebay relating to Fillmore posters.... even though that whole issue is very very undecided and muddy, especially when you look at 'fair use', the 'lanham act' and other such issues... it all goes way above my personal head so I wont have any comment other then that it surely is interesting reading. Some days I wish that somebody would just sue and settle these type of things once and for all in court.
read this link : http://www.venable.com/docs/resources/e ... ngart.html
Hence, complaining to Ebay DOES work, especially when the copyright owner uses the Ebay VERO program.... Ebay doesnt like to take risk and is more likely to take something down rather then risk a legal conflict
As an example on the flipside, Wolfgang has been able to shut down a few auctions on Ebay relating to Fillmore posters.... even though that whole issue is very very undecided and muddy, especially when you look at 'fair use', the 'lanham act' and other such issues... it all goes way above my personal head so I wont have any comment other then that it surely is interesting reading. Some days I wish that somebody would just sue and settle these type of things once and for all in court.
read this link : http://www.venable.com/docs/resources/e ... ngart.html
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Clifford_Ball
- Art Enthusiast
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Heres the reply I got from Kevin Shapiro.
todd:
thanks for the info. we were aware of MET pieces being auctioned. i
didn't realize they were copies but that's less relevant to us as
we'll treat these like any other illegal auctions.
are you in touch with MET or know how to contact him/her? i'd like
to discuss the unauthorized use of phish's trademarks directly with
the artist since it's MET who is responsible for putting the designs
into the stream of commerce. selling posters bearing phish
trademarks without the band's permission is illegal, no matter who
does it and regardless of whether they sell copies or originals.
let me know if you are in touch with MET. thanks,
--ks
Not sure if he had a hand in removing it, more likely it was Ebay responding to multiple requests to take it down...
todd:
thanks for the info. we were aware of MET pieces being auctioned. i
didn't realize they were copies but that's less relevant to us as
we'll treat these like any other illegal auctions.
are you in touch with MET or know how to contact him/her? i'd like
to discuss the unauthorized use of phish's trademarks directly with
the artist since it's MET who is responsible for putting the designs
into the stream of commerce. selling posters bearing phish
trademarks without the band's permission is illegal, no matter who
does it and regardless of whether they sell copies or originals.
let me know if you are in touch with MET. thanks,
--ks
Not sure if he had a hand in removing it, more likely it was Ebay responding to multiple requests to take it down...
What never ceases to amaze me is the degree to which people lacking a clue about copyright and trademark law honestly believe they are chock-full-o-clues.