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Old 05-14-2006, 09:46 AM
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Default Ebay Legal Opinions Needed Please

Posted By: Paul

He does not have a leg to stand on. Section 113(c) of the Copyright Act authorizes exactly what you are doing:


(c) In the case of a work lawfully reproduced in useful articles that have been offered for sale or other distribution to the public, copyright does not include any right to prevent the making, distribution, or display of pictures or photographs of such articles in connection with advertisements or commentaries related to the distribution or display of such articles, or in connection with news reports.


As others have mentioned, if this wasn't the case, nobody could include a picture of the copyrighted product that they were selling in their ads. It would be real tough to sell a poster or a statue.

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