I'm in New York State.
Here's my question: I've seen people making notes on the Internet Marketing seminars they've purchased and selling them on eBay. What's the legality of doing this? I've not actually purchased them myself, so I have no idea how accurate they are. But in general, is it legal to take notes at an event (or of the DVDs), then sell the notes?
Really just curious more than anything else.
Thanks!
Under copyright law, the answer is maybe, but probably not. If the presentations are given from a written prepared speech, then reselling the notes would probably be infringing. If the presentations are
ad hoc or otherwise off-the-cuff, then the notes may not be infringing if sold. This goes back to the fundamental aspects of copyright law, namely the fact that a creative work is not copyrighted until it is fixed in a tangible format. Someone who makes a creative speech is not entitled to a copyright on that speech until it is "fixed" -- recorded, or written down -- and the copyright is vested in the person doing the recording, not the speaker.
So, if the speech is really made up as they go along, the notes may very well be able to be sold -- from a copyright perspective.
But more than likely, when you go to such a conference, you sign a contract (either explicitly, by actually signing, or implicitly, by attending) that you won't reuse or resell the stuff you see and hear in the conference. If you did anyway, this wouldn't be a copyright issue, but a breach of contract issue, which is actually a much easier way to go from a litigation standpoint.
Further, if the "cliff notes" use any slides, or copy of slides or graphs or anything, there would clearly be an infringement issue.
