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Topic: Yet another troubling development at ebay ...
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Osi Osgood
Film God
Posts: 10204
From: Mountian Home, ID.
Registered: Jul 2005
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posted January 17, 2014 12:59 PM
I received a message that one of the items that I listed was taken down, the John Wayne triple trailer auction. They stated that it is a copyright violation.
What's frustrating is that, while these trailers might be copyrighted again these days, when they were printed on super 8 film stock all those years ago, they were not under copyright, so anybody could print them ...
... but trying to convince these people that these prints were made back when these films were out of copyright is harder than pulling teeth out of a live lions mouth,
... and I'm betting, that THAT is rather hard!
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"All these moments will be lost in time, just like ... tears, in the rain. "
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Bill Brandenstein
Phenomenal Film Handler
Posts: 1632
From: California
Registered: Aug 2007
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posted January 21, 2014 11:34 AM
A disturbing development, to be sure. Osi, this was a Super 8 print, yes? Probably 30 years old?
One of the challenges of this hobby is that many products were legitimately licensed, but we can't prove it, while many others are purely bootleg. Put that aside, though, and consider copyright in general: once something expires from copyright, it can't (in the original form) be placed back into it. Plus, in most cases, anything first published after 1/1/1923 is still protected because the movie studios took care of their renewals more often than not. For more information on how long copyrights last, please see this excellent copyright flowchart.
In any case, Osi, these trailers are likely still protected as you presumed. So you can either make a case to them for it being a licensed product, or wait 6 months, create a new listing and hope that nobody notices!
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