I am looking to buy and frame movie posters. I have sourced and registered with a wholesaler, how ever they were a bit vague when I asked if I could sell the posters on.
Surely if I bought CD's or DVD's from a wholesaler I don't need a licence to sell them on? The wholesaler said I may need a third party license to sell the posters on. What does this mean?
Thanks
Reselling Movie Posters
Re: Reselling Movie Posters
Hi ukmovieart,
There are a few things we should clarify here. Are the posters originals or reproductions? If they are reproductions then the wholesaler may be making the reproductions under licence from the film studios, or they may be importing them from a supplier who is or isn't licensed. Obviously if they are unlicensed imports, the wholesaler is going to be a bit cagey about the status of the posters. And if they are being produced and sold under licence there may be terms in the licence which restrict what may be done with the products. In theory that shouldn't affect you if you were the end-user, but such terms might affect you when you act as retailer who is selling on the posters. I don't think the framing aspect is relevant to that issue.
But if these are genuine original posters there are no such limitations on what you can do with regard to selling the posters on, in frames or otherwise. As you mention the situation would then be similar to your rights to re-sell a book or DVD which you had legitimately acquired.
Unless you are certain these are genuine original movie posters, I think you need to ask the retailer to clarify his source and if they are produced under licence, particularly if they come from somewhere like Vietnam or China where adherence to copyright rules may be somewhat lax. And you can then make an informed decision based on what you are (or are not) told. If you can, it would be preferable to get their response in writing, as this could allow you to show that you had a reasonable belief that the copies were not infringing copies. This in turn would then be a defence under section 23 of the Copyright Designs and Patents Act 1988 in the event that the posters turn out to be less than fully legit.
There are a few things we should clarify here. Are the posters originals or reproductions? If they are reproductions then the wholesaler may be making the reproductions under licence from the film studios, or they may be importing them from a supplier who is or isn't licensed. Obviously if they are unlicensed imports, the wholesaler is going to be a bit cagey about the status of the posters. And if they are being produced and sold under licence there may be terms in the licence which restrict what may be done with the products. In theory that shouldn't affect you if you were the end-user, but such terms might affect you when you act as retailer who is selling on the posters. I don't think the framing aspect is relevant to that issue.
But if these are genuine original posters there are no such limitations on what you can do with regard to selling the posters on, in frames or otherwise. As you mention the situation would then be similar to your rights to re-sell a book or DVD which you had legitimately acquired.
Unless you are certain these are genuine original movie posters, I think you need to ask the retailer to clarify his source and if they are produced under licence, particularly if they come from somewhere like Vietnam or China where adherence to copyright rules may be somewhat lax. And you can then make an informed decision based on what you are (or are not) told. If you can, it would be preferable to get their response in writing, as this could allow you to show that you had a reasonable belief that the copies were not infringing copies. This in turn would then be a defence under section 23 of the Copyright Designs and Patents Act 1988 in the event that the posters turn out to be less than fully legit.
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
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ukmovieart
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Re: Reselling Movie Posters
Hi AndyJ,
Thanks for the reply. They are reproduced, not originals. The wholesaler said they have 3rd party licenses but didn't really seem to want to help me.
Thanks for the reply. They are reproduced, not originals. The wholesaler said they have 3rd party licenses but didn't really seem to want to help me.