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Old 03-03-2015, 05:22 PM   #24717
simarc
Minors (Double A)
 
Join Date: Jul 2002
Location: nyc
Posts: 148
Quote:
Originally Posted by Merkle923 View Post
First off, as Kuip would say - why would you wanna? With that mustache?
;-)

Secondly, this is the area in which Topps is the most draconian. If you read the fine print in the eBay pages it says Topps retains all rights to reproduction and you get none. I'm not saying it's fair and I'm not saying you couldn't beat it with a few lawyers and tens of thousands of dollars, but I do know that they've enforced this with as influential an outfit as the Baseball Hall of Fame Library.

So, they claim they're selling you a collectible. That's why they put it in a plastic slab - to make the legal claim that it's no longer an image or a negative.
There's no doubt that they would lose that case, but what individual purchaser would spend thousands on legal fees just to win it. Now in the case of the HOF Library, who I assume has their own legal staff, why didn't they take Topps to court ? My assumption is that they bought those negatives/slides for the sole purpose of using the pictures on their website or their monthly newsletter and not to frame it and put it on a wall. This is quite an interesting scenario. I bought all the negatives for my wedding pictures from the photographer who went out of biz, so I now own them and can make as many reproductions as I choose. I see this as one in the same.
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