Hello
I am looking into an idea for buying reasonably cheap posters and prints from internet sites and then framing and selling them on ebay etc .
By the time I buy the framing, glass or acrylic and prints, posters it won't be the biggest money making business in the world so before I get too involved I would like your advice on the legality of it all.
Just on a side note I have seen framed prints enhanced with resin which is dropped on top of the glass for affect. Would there be any copyright laws broken when doing that.
Thanks for any help on this subject..
Copyright for framing posters and prints
Hi Trejo,
There are no specific copyright issues with what you want to do, simply because you are not copying anything. And I can't see any problem with trade mark or design right either. So on that basis you should be fine with this project.
But as you mention enhancing the prints with resin, it is worthwhile adding a cautionary note about making alterations to the fabric of the poster itself. A couple of years ago the Court of Justice for the European Union looked at a case known as Allposters which concerned a process by which the ink printed onto the paper of posters was detached using a chemical process and applied to a canvas substrate, so that the finished article resembled an oil painting. The court found that this process did infringe the copyright in the original poster because of the destruction of the paper part, and a new work was created which used a substantial part of the original work. A number of people disagree with this analysis, arguing that the essence of the work which is protected by copyright is the actual image and not the bearer or medium on which it is based. However that is where the interpretation of the law stands at the moment and you need to be aware of it in case you too come up with something similar as your business develops. Merely applying something on top of the glass which did not alter the poster itself would not be a problem.
And just to reiterate, just mounting and framing posters without altering them, poses no legal problems.
There are no specific copyright issues with what you want to do, simply because you are not copying anything. And I can't see any problem with trade mark or design right either. So on that basis you should be fine with this project.
But as you mention enhancing the prints with resin, it is worthwhile adding a cautionary note about making alterations to the fabric of the poster itself. A couple of years ago the Court of Justice for the European Union looked at a case known as Allposters which concerned a process by which the ink printed onto the paper of posters was detached using a chemical process and applied to a canvas substrate, so that the finished article resembled an oil painting. The court found that this process did infringe the copyright in the original poster because of the destruction of the paper part, and a new work was created which used a substantial part of the original work. A number of people disagree with this analysis, arguing that the essence of the work which is protected by copyright is the actual image and not the bearer or medium on which it is based. However that is where the interpretation of the law stands at the moment and you need to be aware of it in case you too come up with something similar as your business develops. Merely applying something on top of the glass which did not alter the poster itself would not be a problem.
And just to reiterate, just mounting and framing posters without altering them, poses no legal problems.
Last edited by AndyJ on Tue Jan 17, 2017 10:11 am, edited 1 time in total.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007