Legal Question in Intellectual Property in New York

Copyright Infringement - Sports Cards

My question relates to reprints of vintage baseball cards. Specifically, is it lawful to alter a legally acquired authorized reprint (ex., of a Babe Ruth card) by giving it an aged appearance and removing the word ''reprint'' from the card to more closely resemble an original and then selling it as a reprint for a few dollars more than what was paid for it? As there is no reproducing i don't believe this to be copyright infringement. So i guess my question is what are the rights of the owner to sell a legally acquired reprint card? Thanks.


Asked on 6/22/09, 1:46 pm

2 Answers from Attorneys
Steven Mark Steven Paul Mark, Attorney at Law

Re: Copyright Infringement - Sports Cards

You can call it an enhanced modification technique for all the law cares, but unless you can succeed in a fair use defense or the photo is in the public domain, you will be violating the rights of the copyright owner and, possibly, the publicity rights of the subject or, if the subject is dead, the subject's successor-in-interest.

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Answered on 6/22/09, 4:26 pm
Sarah Grosse Sarah Grosse, Esquire

Re: Copyright Infringement - Sports Cards

The purchaser of the modified card would call it FRAUD.

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Answered on 6/22/09, 4:55 pm


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