• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

First Sale Rights vs. Artist's Copyright

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

H

headedwest

Guest
Hello,

I am an artist trying to learn more about copyright laws to protect my artwork from being resold in a manner I do not wish them to be sold as. I'm an equine artist and I have a line of limited edition prints available online as well as some greeting cards that are sold in packs or sets.

I recently found these cards being sold on ebay combined with a stamp and framed as a collectibles, I suppose. When creating these greeting cards, and they are called greeting cards on my site, I never thought they would be resold as an intended print. This creates a confusion for buyers who may be thinking they are purchasing one of my prints. I asked them to remove the word print, since these cards are in no way archival. They did comply, but called them an Art Card instead.

In speaking with other artists, they say that creating a new product or a derivative product with my greeting cards is an infringement of my copyright. Yet the seller sites First Sale Doctrine that allows them to do this with my art.

I'm trying to look online, as you know all artists are starving, for some answers to somehow protect myself in the future from this ever happening again. I have refused to sell them anymore greeting cards, and told them I feel what they are doing is deceiving the customer, who probably thinks they are buying one of my limited edition prints already framed.

Any advice you could pass along would be most appreciated.

Thanks! :confused:
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top