Subject:
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Re: Lego logo on auction pages? (Was: Soft Bricks on ebay!)
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Newsgroups:
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lugnet.market.theory
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Date:
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Tue, 4 Jun 2002 13:20:40 GMT
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Viewed:
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1404 times
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In lugnet.market.auction, David Eaton writes:
> So-- what's the policy on using the Lego logo on Ebay auction pages? I mean,
> I guess you can't help it if it appears in a photo that you take of the
> product, and probably as such would be allowed... But I get the feeling that
> if you just used a logo gif, people would object... Maybe not? If so, what
> about a photo of the box, zoomed in on the logo?
You ask good questions. One of them I can answer rather quickly, the other
is a bit tougher.
First, copyright does not confer to a copyright owner the right to stop
people from displaying goods, or pictures of the goods, for sale. See U.S.
Code Title 17, Section 113(c) (below). This makes good business sense,
otherwise copyright holders would be able to control and limit downstream
distribution of their goods after first sale. I do not see any restriction
in the code that would prohibit detailed or close up photos of the product,
including taking large pictures of the logo. As a practical example I point
you to Beanie Babies, where the condition of the logo/tag is important to
the value of the item, and full reproduction of the logo is a commercial
necessity. Further, as many collectors consider the condition of the box to
be part of the value of an item, close up pictures of the box, including the
logo, are arguably needed to sell an item.
The other question, about using an idealized version of logo to enhance or
dress up an auction listing it is the tougher question. Such a use involves
not only copyright law but trademark law as well. If used merely to
describe the manufacturer of the goods than generally the use would be
allowed. If, however, the use tended to confuse viewers of the listing as
to who was selling the set, then it might violate the trademark holder's
rights. (I suppose this could also be extended to users who choose UserID's
that might appear to be affiliated directly with Lego Corp. itself.) The
question here is one of identity, and since Lego Corp. uses the logo both
for products and for consumer direct sales, both on ebay and elsewhere, the
use of the logo might confuse bidders.
> Geez, I feel like a lawyer...
And you asked good questions like one too. Well done!
Will
(And yes, IAAL, though not much of one.)
§ 113..Scope of exclusive rights in pictorial, graphic, and sculptural works
(c)In the case of a work lawfully reproduced in useful articles that have
been offered for sale or other distribution to the public, copyright does
not include any right or prevent the making, distribution, or display of
pictures or photographs of such articles in connection with advertisements
or commentaries related to he distribution or display of such articles, or
in connection with news reports.
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