Selling Tintin posters

'Is it legal', 'can I do this' type questions and discussions.
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woodman-46
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Selling Tintin posters

Post by woodman-46 » Sat Oct 16, 2010 6:56 pm

Hello,
I have a business selling old prints but am often asked for Tintin images.
I have bought a number of Tintin posters from ebay and am planning on framing these to see how they sell.
My question is :

Am I able to buy and sell Tintin posters if all I am doing to them is mounting and framing them?

Any advice would be appreciated

Thanks

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AndyJ
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Post by AndyJ » Sat Oct 16, 2010 11:47 pm

So long as you are only framing original posters for onward sale there is no infringement of copyright, because of course you haven't copied anything. Once someone has sold an article to which they own the copyright, or holds a licence to sell the article, they transfer title in the article to the new owner who can dispose of it as he wishes, but may not make a copy of it and dispose of the copies.
The only exception (which doesn't apply here) is the Artist's Resale Right which was introduced in 2006. This requires that a royalty is paid to the author each time a work of art is resold, within the following rules:
"(1) “work [of art]” means any work of graphic or plastic art such as a picture, a collage, a painting, a drawing, an engraving, a print, a lithograph, a sculpture, a tapestry, a ceramic, an item of glassware or a photograph.
(2) However, a copy of a work is not to be regarded as a work unless the copy is one of a limited number which have been made by the author or under his authority
."
So, because the posters you would be dealing with are mass produced, they are not covered by these Regulations. They also do not meet the minimum sale price of 1,000 Euros.
(Full details here)

Jason10
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Post by Jason10 » Thu Feb 10, 2011 10:13 pm

Hi this is very similar to a question i was going to ask.

A friend and I are planning to open a memorabilia type shop, selling old collectables.

If I understand what you say correctly, and the link you provided. If we sell something like a collector's VHS or DVD or figurine. We don't have to worry about copyright royalities as the resale right would have transfered to us when we originally bought the items.

Now the one thing I don't quite understand is we bought some filmcells as collectors items and would like to sell them in store. Now they fit in with the previous items, all bought previously, but they are each part of a numbered run, but are under 1000 eruos in price, so are we still covered or would we need to worry about artist royalties/copyright on them?

I hope that makes sense. Any advice would be much appreciated.

Thank you

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AndyJ
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Post by AndyJ » Fri Feb 11, 2011 10:43 am

Hi Jason,
As long as you are dealing in the original articles and not making unauthorised copies, then copyright does not not come into it and you don't need to pay royalities. The Artist's Resale Right is a very specialised area which is intended for high value works of art (think Damon Hirst), rather than relatively low value items. Also for the ARR to come into effect the sale needs to be brokered by an art dealer or a gallery.
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

Jason10
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Post by Jason10 » Fri Feb 11, 2011 6:06 pm

That is so much clearer. Thank you so much for your help.

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