O/T: Topps sues Leaf over Mantle Card

[steve B]

Originally Posted by Brianruns10

Yes, but the t206 cards predate copyright, and so they exist in the public domain. Topps or anyone else can use them as promotional giveaways or however they please. Leaf, however, is using a copyrighted image/artwork for their own gain, i.e. to sell more of their product with the allure of winning the card. This isn't even a case of fair use, since they have not altered the original, nor are they using for educational purposes. They are profiting from something owned by another company, which is illegal unless they pay a licensing fee or royalty to Topps. I've worked extensively in documentary film, and dealt constantly with licensing images and footage for films. I've learned all the loopholes, and in this case, it ain't even close. Leaf absolutely violated Topp's copyright, regardless if they are the big guy on the block harassing the little guy, it doesn't matter. They are absolutely in the right, and I hope they win.

So it's a copyright violation to use a copyrighted work as a contest prize?

I could see it if they reprinted the card, but it's essentially an original being offered as a lottery or raffle prize. (NY state fought the cards as lottery battle and won, which is why the new packs have the insert ratios printed on them)

If that's the reality of things these days I suppose that's how it is, but then every group offering prizes in a drawing could be in trouble for promoting it.

Since the first copyright act in th US was 1790 T206s were potentially issued under copyright. I'm not sure if a notice was required then, but if it was then the lack of notice may have put them in the public domain since new. The origianal photos were probably copyrighted by the photographers and licensed by ATC.

Hmmmm.... There's an interesting avenue to do a bit of research on. Maybe the plank was pulled over a licensing issue?

Steve B