Hi People...
I have looked through the previous posts and have not come across this one yet...
I distribute DVD Karaoke Adapters, (Item number: 270202208754), as an example. The unit connects between your DVD player and your TV. The unit comes with a Sample Karaoke DVD and a microphone, but I also provide additional songs to help them start their Karaoke library, and an additional microphone. (The unit comes with one microphone, but I provide another so they can sing duets).
The Karaoke DVD's that I purchase are sealed and new, from different companies on Ebay, and 99% of the time the sellers are from the United States.
I usually buy 'Party Packs' with a lot of Karaoke DVD's in the pack, and then provide one of the Karaoke DVD's with the unit as incentive to purchase my Karaoke DVD Adapter.
Ok, here is the issue, I know from researching the First Sale Doctrine Rights, that a person has the right to buye a product, and then sell it for a profit. That is the framework of a business, buy low and sell for a profit...
Lots of peole go to yard sales, swap meets, etc... and obtain items to resell on Ebay. Well, I do the same thing, I purchase a complete package and then break down the Karaoke DVD's and then add them to the item I am selling.
Now please understand, these are legitimate Karaoke DVD's that I have purchased from a wholesaler, they come new and sealed. I DO NOT MAKE COPIES of the DVD's I receive. The buyer does not get a cheap 'burned' copy of the Karaoke DVD, that I know for sure is illegal!!
My question is, if I purchase the complete sealed package, new in condition, not used, then I assume I have the right to sell that item as new, or offer it free if they buy my unit right?
I would like your thoughts on this matter, because I want to ensure I am not infringing on Intellectual Property Rights or Copyright Laws by doing so.
Thanks.
I have looked through the previous posts and have not come across this one yet...
I distribute DVD Karaoke Adapters, (Item number: 270202208754), as an example. The unit connects between your DVD player and your TV. The unit comes with a Sample Karaoke DVD and a microphone, but I also provide additional songs to help them start their Karaoke library, and an additional microphone. (The unit comes with one microphone, but I provide another so they can sing duets).
The Karaoke DVD's that I purchase are sealed and new, from different companies on Ebay, and 99% of the time the sellers are from the United States.
I usually buy 'Party Packs' with a lot of Karaoke DVD's in the pack, and then provide one of the Karaoke DVD's with the unit as incentive to purchase my Karaoke DVD Adapter.
Ok, here is the issue, I know from researching the First Sale Doctrine Rights, that a person has the right to buye a product, and then sell it for a profit. That is the framework of a business, buy low and sell for a profit...
Lots of peole go to yard sales, swap meets, etc... and obtain items to resell on Ebay. Well, I do the same thing, I purchase a complete package and then break down the Karaoke DVD's and then add them to the item I am selling.
Now please understand, these are legitimate Karaoke DVD's that I have purchased from a wholesaler, they come new and sealed. I DO NOT MAKE COPIES of the DVD's I receive. The buyer does not get a cheap 'burned' copy of the Karaoke DVD, that I know for sure is illegal!!
My question is, if I purchase the complete sealed package, new in condition, not used, then I assume I have the right to sell that item as new, or offer it free if they buy my unit right?
I would like your thoughts on this matter, because I want to ensure I am not infringing on Intellectual Property Rights or Copyright Laws by doing so.
Thanks.
Thanks for your reply Jeff.
I have been in contact with them, before and after the purchase, to ensure they have the right to sell the product I purchased. With an affirmative in both cases, and they provided links to 'first sale doctrine rights', on the internet.
The U.S. and Canadian Courts uphold the 'right of first sale doctrine', and give examples of a company purchasing Microsoft Office bundled software and Adobe Software bundles and then breaking them down for resale, selling each software individually. The courts upheld the right of the purchaser to resell their product regardless of an EULA, (End User License Agreement), because the seller did not use nor install the programs prior to reselling them after purchase.
I would assume the same holds true for any product an individual would purchase for resale, be it a book, painting, music CD's or Karaoke CD's or DVD's...
So, I will go on the premise that the right of first sale doctrine will allow me to distribute the product I purchased from a legitimate seller, because the product is new and still sealed in the package, and yes, it is not a burned copy or illegal duplicate of the product.
The company I purchase my products from are listed on Ebay and have been registered with Ebay for the past 5 years. They have a website as well. Of course, having a website doesn't mean their products are legal, but if they have been selling this product on Ebay for years, and continue to do so, then I would assume that the product is legal for them to sell, otherwise Ebay's VeRo program would have shut them down years ago...
Again, thanks for your input...
For those readers interested, the following is the address to my website, which describes the products I distribute...
http://home.cogeco.ca/~dvdkaraoke/
I would appreciate more input as well from anyone who might have encountered this dilema in the past as well...
I have been in contact with them, before and after the purchase, to ensure they have the right to sell the product I purchased. With an affirmative in both cases, and they provided links to 'first sale doctrine rights', on the internet.
The U.S. and Canadian Courts uphold the 'right of first sale doctrine', and give examples of a company purchasing Microsoft Office bundled software and Adobe Software bundles and then breaking them down for resale, selling each software individually. The courts upheld the right of the purchaser to resell their product regardless of an EULA, (End User License Agreement), because the seller did not use nor install the programs prior to reselling them after purchase.
I would assume the same holds true for any product an individual would purchase for resale, be it a book, painting, music CD's or Karaoke CD's or DVD's...
So, I will go on the premise that the right of first sale doctrine will allow me to distribute the product I purchased from a legitimate seller, because the product is new and still sealed in the package, and yes, it is not a burned copy or illegal duplicate of the product.
The company I purchase my products from are listed on Ebay and have been registered with Ebay for the past 5 years. They have a website as well. Of course, having a website doesn't mean their products are legal, but if they have been selling this product on Ebay for years, and continue to do so, then I would assume that the product is legal for them to sell, otherwise Ebay's VeRo program would have shut them down years ago...
Again, thanks for your input...
For those readers interested, the following is the address to my website, which describes the products I distribute...
http://home.cogeco.ca/~dvdkaraoke/
I would appreciate more input as well from anyone who might have encountered this dilema in the past as well...
You might want to have a gander at tabberone's site. Karen has been fighting...and winning...against VeRO claims for years. She has single-handedly won legal battles against some of the biggest names (and attorneys) in the business.
http://www.tabberone.com/Trademarks/trademarks.html
http://www.tabberone.com/Trademarks/trademarks.html
You're welcome. Karen is a pit bull when it comes to VeRO. She knows more than most lawyers. 😉
