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Cease and desist

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E

efxman

Guest
What is the name of your state? CA

I recently placed on Ebay some animation artwork from a movie. I found the material in a trash receptical and tried to sell it. On the last day of the auction, I received notice from Ebay that the material was a copyright infringement and my auctions were pulled. I destroyed the artwork because I didnt want to get into any trouble. The next day a lawyer emailed me from the studio that the artwork came from and sent me a cease and desist order along with 3 questions, (1-to return the material, 2-names of sources of how I received the material and 3-names of who purchased the material). I signed the cease and desist order and answered (1-I no longer have the material, it has been destroyed, 2-I found the material in a trash receptical and 3-No one purchased any of the artwork). A few days later the lawyer emails me and says the answere are unsatisfactory and if I dont answer them again they will take further legal action then today he calls me on my cell phone and I have no idea how he got my #. What can I do, and since I singed the order and answered the questions, wouldnt that satisfy the law and no more can be done? I believe this is not about copyright infringement this is about trying to see where I got the material but I told them yet the lawyer keeps harassing me. Please help.
 
Last edited:


atozcom

Member
1) I believe if you found anything in the trash, whatever your found is abandoned. Therefore you can own it and do whatever your want with it, including selling it. I don't know how you can prove you found it in the trash.

2) You still can not copy it. Just because you found it, own it and want to sell it does not mean you have violated any copyright. This will not be a copyright dispute. It really is a ownership dispute.

3) You can not prove you don't have something.

4) The legal game is often not won by law, but by big legal cost.
 

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