Reproducing cards

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Posted By: Chris Stufflestreet

I just read in another thread about how it is illegal to reprint Topps cards, and I'm not about to argue that point. The question I want to pose is about how much latitude one has in reproducing card images.

For example, let's say I write a book about vintage baseball cards. I will want to use photos, and I have the cards in my own collection that I'd like to include as illustrations. Are these images copyrighted? Or are they considered "fair use" if you own the card?

My second part of the question is, if permission is needed before the image can be used, who do I need to contact in the case of a defunct card company? While Topps is still around, I don't believe anybody from Goudey or the American Tabacco Company is going to be able to give consent.

Finally, how does that translate to internet use? I have a web site devoted entirely to vintage baseball cards, and have a bunch of images. I'd be curious to find out whether I should be barricading my doors to prevent a possible swarm of Topps' lawyers.

BTW...if you're interested, my website URL is:

http://www.geocities.com/chrisstufflestreet/

And no, I'm not trying to sell anything on my site. It's for reference and information only.

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Posted By: David

There is a difference between making and selling Ty Cobbs T-shirts and trading cards, and including a picture of a relevant T206 or Topps Mickey Mantle in an informational article, website or book. The former is trying to make money directly from Cobbs' image, and the later is larger work about an item. In a book, if an item is unique (like a painting or sculpture), credit is often given to the owner of the item who gave you an image of the item. (Unlike mine) most published books require highest-quality images for reproduction, so they often pay the owner of an item to provide the image. There's an upcoming book called 'The Complete Cubs,' that has 2-3 images of photos I own and the publisher paid me $200 each. This had nothing to do with copyright issues, as I don't own any copyrights on any Cubs photos, but was a service fee for me scanning, and providing the images.

If you plan on reprinting a T206 Cobb card or make a new Ty Cobb plush toy, you would have get permission and probably pay $ to Cobbs' representative (CMG).

If you have images on a web page, you have little to worry about. And if some entity or person feels there is a copyright violation, it/he will at worst just ask you to remove the image.

As a practical manner, I'm sure Topps loves collectors putting of personal websites talking about their favorite Topps cards. It's great advertising.

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Posted By: David

Also, I checked out and enjoyed your website. I doubt you will encounter any copyright issues/disputes.

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Posted By: Julie Vognar

Also sent you an email with a suggestion concerning T202s.

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Posted By: Paul

If you want to publish a price guide or historical book that includes one or two Topps cards from each set, you shouldn't have a problem. And it doesn't matter whether you personally own the cards or not. But, don't publish a book that pictures the WHOLE set of Topps cards. And don't reproduce even a single card if it's not used in connection with an article about cards or a price list. Topps will certainly send an army of lawyers to your door if they find out about that.
For defunct companies like Goudey, you can probably reproduce the whole set for the simple reason that no one is around to stop you. But if Goudey sold their rights to someone else, like Play Ball, which wold its rights to Bowman, which sold its rights to Topps, then you could have a problem. But after all these years, the copyrights in the Goudey sets may have expired, which would mean you can reprint them all you want.

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Posted By: warshawlaw

I'm not an expert in copyrights, but I have looked at the issue a bit. Stuff as old as T206 cards probably has no effective copyright any longer--the old copyright act timeframes would have expired on them.

If you are creating a research work (such as a guide or price guide), it should be a protected fair use.

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Posted By: jay behrens

I wish my cards would reproduce. Sure would make collecting a lot more interesting and cheaper

Jay

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Posted By: David

Maybe yours are the same sex.

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Posted By: john(z28jd)

....they could still adopt

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Posted By: David

Same sex card adoptions are currently only legal in Vermont, California and Oregon.