Cool idea....but

[Archive]

Posted By: Mike Williams 

is this something you're allowed to do (I'm assuming proper permission of some type is needed)?

[Archive]

Posted By: leon

What are you referring to?.....

[Archive]

Posted By: Mike Williams

the use of the same Gehrig image as issued by Goudey in 1933. For example, if I wanted to print widgets using exact images of classic baseball cards/images, would I need permission...would royalties come into play etc.? Just curious what the implications are from a legal perspective. For the record, I'm not trying to cause issues for this seller, just thinking out loud...

[Archive]

Posted By: petecld

(Based on my understanding of copyright laws/use)

Goudey would have paid for the use of the photo image to be used for their cards. The Gehrig family can't claim any royalties to the image of the card.

If the copyright that Goudey had FOR THEIR CARDS has run out then you can legally reproduce the image of the card.

There may be laws about reproducing/distributing the image in a manner that would cause confusion between the reproduction and the original.

I will assume laws vary from state to state. I'm sure one of the lawyers on the board will know more.

[Archive]

Posted By: jay behrens

I think Curtis Management Group represents the families almost all deceased athletes such as Ruth, Cobb, Mathewson, etc and are quite agressive about protecting those rights. Not sure how it works if it is an image of a card you are talking about, but if it's a photo, they don't they don't play nice when those are involved.

Jay

[Archive]

Posted By: Hankron

Mike, the significant issue is how the Goudey is going to be reprinted. If someone is going to reprint a Goudey in a book on cards, newspaper article or on a website, there's no problem. That's fair use. If someone was going to reprint the Goudey on T-shirts and umbrellas and sell them outside Yankee Stadium there's a reasonable chance that George Steinbrenner's lawyers, and and less likely Gehrig estate lawyers, will be talking to you. This would have nothing to do with the Goudey, but all to do with reprinting Gehrig and the Yankees symbol on commercial products without permission. When Topps or Fleer make a card with Gehrig's or Ruth's image on it, they have to, and do, get permission from the estate or other representing company. They would certainly loose their contract with MLB if they didn't.

This law is not always enforced with the little guys, but that's not a matter of legality but practical enforcement.

[Archive]

Posted By: Hankron

My above posts suggests why I think it's ILEGAL to make and sell unauthorized reprints of trading cards that depict most famous 20th century babeball players, like Ty Cobb, Babe Ruth and Joe Jackson. This is an angle that should be persued, if people want unauthorized cards to be removed from eBay. If there was the correct pressure, I beleive that eBay might prove sensitive to the selling of illegal goods on their website.

[Archive]

Posted By: Mike Williams

[Archive]

Posted By: Hankron

Realize that these copyrights do not work backwards to infinity (Though Disney wishes they would). You could make and sell T-shirts, umbrellas and lunchboxes with the likness of King Kelly, Jim Creighton and Hoss Radbourne to your heart's content. Heck, I might even by a Hoss Radbourne lunchbox from you. This also means that anyone can reprint Old Judges and Allen & Ginter's-- though I strongly advise against it.