Bob Wulkowicz wrote:
Straight from eBay:
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Copyright Basics*
What is a copyright?
A copyright is the legal protection given in the United States to original works of authorship, including books, paintings, photos, music, video, software, and so forth. Copyright protection attaches to a work the moment it is fixed in tangible form (on paper, on video, and so forth) and prevents others from exploiting the work without permission.
Copyright is a bundle of rights
A copyright actually is a bundle of rights that includes the exclusive right to distribute, sell, duplicate, publicly perform, and create derivative works from the work. The length of copyright protection for older works is often difficult to determine, but for newer works these exclusive rights last at least 70 years, depending upon whether the author is a person or a company. The fact that a work is old doesn't necessarily mean that the copyright on it has expired. Until the end of the term of protection, a copyright owner has the right to sell, transfer, assign, or license one or all of his exclusive rights to someone else.
Selling versus giving away an item
Copyright protection includes the exclusive right to distribute or sell the copyright work. This usually means that giving away a copy of a copyrighted work (for example a copy of a videocassette) is not permitted. Thus, selling a pencil for $5.00, and including for "free" an unauthorized videocassette copy would probably be an infringement.
Copyright registrations and markings
In the United States, it is no longer necessary to register a copyright to enjoy copyright protection, although you may have to register your copyright if you want to file a legal action concerning your copyright. It is also no longer necessary to place a � on the copyrighted work, but it is a good idea to do so. The absence of a � doesn't mean its okay to copy the work without permission.
Resale of copyrighted works
Under the copyright laws, the owner of a particular copy of a copyrighted work is generally entitled to resell the particular copy they own. If you have licensed the right to use a particular copyrighted item, you should review the license and consult with your attorney to determine whether you can resell the item.
Rights of publicity
Similarly, the unauthorized commercial use or sale of someone's likeness (face or image), name, or signature on a product is prohibited by California's "Right of Publicity" law <http://library.lp.findlaw.com/scripts/getfile.pl?file=/articles/pmsllp/pmsllp000049.html>and some privacy laws. Thus, the commercial use of a photograph of a celebrity may violate that celebrity's right of publicity even if you took the picture yourself and own the copyright.
What About the Berne Convention?
The Berne Convention is an international treaty that the United States agreed to in 1989. By signing the Berne Convention, the U.S. committed to making certain changes to its copyright law. In fact, even before signing the Berne Convention, the U.S. had made all the necessary changes to its law. The Berne Convention itself is not U.S. law and does not excuse activity which otherwise would violate U.S. copyright law <http://www4.law.cornell.edu/uscode/17/>.
For more information about copyrights:
U.S. Copyright Office <http://lcweb.loc.gov/copyright/>
California's "Right of Publicity" law <http://library.lp.findlaw.com/scripts/getfile.pl?file=/articles/pmsllp/pmsllp000049.html>
Avoiding Trademark, Patent and Copyright Problems (Franklin Pierce Law Center) <http://www.fplc.edu/tfield/aVoid.htm>
FACE (Friends of Copyright Education) <http://law.duke.edu/copyright/face/index.htm>
*This information is not intended to be legal advice. If you have any doubts about whether you can sell an item on eBay, we encourage you to contact the copyright owner or consult your own attorney.
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