Ebay - VERO issue , any solutions

[Dale D]

What is the name of your state? IA

I have been shut down by ebay for selling Fox studio movie posters. Currently this seems to be the only studio that has issues with posters of their films being sold.

I sent a mail to the Intellectual Properties department at Fox and this was their response..

"Twentieth Century Fox Film Corporation and its subsidiary and/or related companies ("Fox") are the owners or co-owners of many copyright, trademark, merchandising, distribution, and/or other intellectual property rights in and to many famous works including, but not limited to, the motion picture, "xyz." In order to protect these rights from unauthorized use, Fox includes the following standard language on its promotional items:

Property of Fox. Promotional use only. Sale, duplication, or other transfer of material is strictly prohibited.

The sole purpose of Fox's distribution of promotional items, such as movie posters is to notify members of the public and media of our intended release of our motion picture. All other use is strictly prohibited.

We trust that this explanation has made clear Fox's position with respect to the unacceptable use of its proprietary materials by third parties. "

Now the big question, any way around this ?

It seems to me that since Fox is charging the theaters for use of the posters, that the first-sale doctrine exception to the US Copyright Act would allow sales of the posters once they are in the hands of the theaters.

 

[seniorjudge]

What is the name of your state? IA

I have been shut down by ebay for selling Fox studio movie posters. Currently this seems to be the only studio that has issues with posters of their films being sold.

I sent a mail to the Intellectual Properties department at Fox and this was their response..

"Twentieth Century Fox Film Corporation and its subsidiary and/or related companies ("Fox") are the owners or co-owners of many copyright, trademark, merchandising, distribution, and/or other intellectual property rights in and to many famous works including, but not limited to, the motion picture, "xyz." In order to protect these rights from unauthorized use, Fox includes the following standard language on its promotional items:

Property of Fox. Promotional use only. Sale, duplication, or other transfer of material is strictly prohibited.

The sole purpose of Fox's distribution of promotional items, such as movie posters is to notify members of the public and media of our intended release of our motion picture. All other use is strictly prohibited.

We trust that this explanation has made clear Fox's position with respect to the unacceptable use of its proprietary materials by third parties. "

Now the big question, any way around this ?

It seems to me that since Fox is charging the theaters for use of the posters, that the first-sale doctrine exception to the US Copyright Act would allow sales of the posters once they are in the hands of the theaters.

Q: Now the big question, any way around this ?

A: No.

 

[divgradcurl]

It seems to me that since Fox is charging the theaters for use of the posters, that the first-sale doctrine exception to the US Copyright Act would allow sales of the posters once they are in the hands of the theaters.

"First sale" doesn't apply here, because the posters are sold subject to the "promotional use only" limitations that Fox has put on the posters. This isn't a retail sale, where the theaters buy the posters without any limitations -- in such a case, "first sale" would apply. However, in this case, because the sale is not a retail sale, and is made under the above limitations, a "first sale" has not yet occured.

 

[Dale D]

So at this point the only resolution is to find a way to prove the people I bought them from to sell for retail myself legally obtained them or does the disclaimer still prohibit the sale even after that ?

 

[divgradcurl]

So at this point the only resolution is to find a way to prove the people I bought them from to sell for retail myself legally obtained them or does the disclaimer still prohibit the sale even after that ?

Well, if you can somehow prove that the people you got them from legally obtained them is such a way that the "first sale" doctrine would apply, then you would be okay. But basically that would require that you, or the person you got them from, to have purchased the posters from someone who was authorized by Fox to sell them.

 

[racer72]

My daughter worked in a movie theatre for a couple of years and from what I gathered, the theatres don't pay a thing for any of the promotional materials, it is all supplied gratus by the distributor. Plus they always supplied a lot more than the theatre needed and I acquired quite a collection of new undisplayed items. I gave it all to my grandkids school to use in art projects, I never thought about selling any of it on Ebay.

 

[Dale D]

The individual theaters do not pay anything if part of a larger corporation, but the home office pays a yearly fee for all materials sent. Normally it is a flat negotiated rate regardless of the number of films released during the year.

The single independent theaters pay per poster. Normally the rate is anywhere from $5 - $10 per poster and they still have to pay shipping on top of that.