Ebay Legal Opinions Needed Please

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Posted By: jason

Hi guys, thank you for your responses. You mainly know me as an early baseball image collector but in my pursuit of the earliest images took me into the daguerreotype collecting field too.

The item is a bit off topic (non sport daguerreotype & daguerreotype book) but I also have other published baseball images too that I was considering selling so hopefully, this thread is not too much off topic and is of interest to other readers that may face the same situation with their unique baseball items.

The item number is: 6276188961

http://cgi.ebay.com/1850s-Erotic-Scandinavian-Nude-Goddess-Daguerreotype_W0QQitemZ6276188961QQcategoryZ408QQs sPageNameZWDVWQQrdZ1QQcmdZViewItem

Just to clarify further, I purchase the second hand book from someone on e-bay about a year ago (not from the publisher) and then recently I saw one of the original daguerreotypes from the book on sale on ebay. I purchased the dag from the publisher of the book and original owner of the dag and resold it one-bay with a copy of the book included in the lot. I included a picture of the dag (that I now owned – not him) and a picture of the books front cover.

He is trying to say that because I included a picture of his 2nd hand book in the lot that Iwas selling it in then I am breaking his copyright. If this is the case then if I were selling a 2nd hand Stephen King book on e-bay then he could take legal action? Or put it another way, if I was selling a CDV that was published in Mark Rucker’s book and included a copy of the book in the lot & included a picture of that Baseball Cartes book then he could sue me?

Warshawlaw, I don not have the most brilliant legal mind but could you clarify things for me – I am a bit unsure of the ramifications in your very kind response?