What is the legality of reselling copyrighted material from an licensed vendor?
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What is the legality of reselling copyrighted material from an licensed vendor?
I am starting a new business and it involves using NFL and NCAA logos. I was informed by a non-lawyer that if I purchased the logos from a licensed vendors then I could re-sale them with no problem. I would like to know if this statement was true? I do not want to start my new business off in legal problems.
Asked on January 27, 2012 under Business Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
1) If you buy physical goods (e.g. a sweatshirt with a logo), you may resell that physical good as is--unless when you bought it, you had specifically agreed to not resell it.
2) If you license the right to use a logo, you may use it under the terms of the license.
3) If you buy a physical copy of a logo (e.g. a patch), you may NOT attach to to some other good (e.g. a sweatshirt) and then sell that good with the logo--unless the terms under which you bought the physical copy of the logo allow you to do this. Once you modify, adapt, combine, etc. a logo'd product with something else, you are violating intellectual property.
So basically--physical item, reselling exactly as is ok. License to use a logo, use it however the license permits.
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