eBay

oscar491 · ‎09-29-2023

I have a commercial brochure from the 1920s listed for sale. I have had an overseas buyer reach out to me asking if I would provide a high def scan of the item and list it separately on ebay. The item is not worth him having to pay the overseas postage, customs, etc. Is this type of transaction allowed? Obviously there is no issue concerning trademark as the contents and brochure are all in public domain.

I have never done anything like this and do not want to go further unless I know I won't get a wrist slap!

Thanks for any input !

hartungcards · ‎09-29-2023

Did you say high def "scan" or high def "scam?"

fashunu4eeuh · ‎09-29-2023

So the seller does not want to buy the bundle of three 1929 brochures for $19.99, citing postage and customs charges? I would think the costs involved comparing the 3 lightweight pamphlets to one would be nominal savings for the buyer. But you are free to end the fixed-price listing without penalty, and break up the set to relist the one item if you decide the effort is worth it.

monster-deals · ‎09-29-2023

@oscar491 wrote:
I have a commercial brochure from the 1920s listed for sale. I have had an overseas buyer reach out to me asking if I would provide a high def scan of the item and list it separately on ebay. The item is not worth him having to pay the overseas postage, customs, etc. Is this type of transaction allowed? Obviously there is no issue concerning trademark as the contents and brochure are all in public domain.

I have never done anything like this and do not want to go further unless I know I won't get a wrist slap!

Thanks for any input !

Well so far to me the amount of work isn't worth the sale just with having to type a message in the forum.

Up to you.

Side note one time I lied and asked for a high def scan of a 1954 World Cup ticket so I could judge the condition...I just printed out a copy to frame. I wasn't about to spend $500

fashunu4eeuh · ‎09-29-2023

Wait, i missed something, he wants this item digitally sent? There are stipulations for sellers when using digital delivery. The policy link is below:

https://www.ebay.com/help/policies/prohibited-restricted-items/electronically-delivered-items-policy...

There is risk involved when tracking cannot prove delivery. Sellers can lose their seller protections in doing so.

1786davycrockett · ‎09-29-2023

@oscar491

"Obviously there is no issue concerning trademark as the contents and brochure are all in public domain."

You may not be aware of this, but trademark law is entirely different from copyright law.

While a written work may have become "public domain" due to a lapsed or expired copyright, the trademark may still be licensed to an existing business.

So, if the business that had originally published the brochure is still in operation, they may have renewed the trademark on certain features of the brochure (such as a logo or a commercial saying). And trademark renewals are different than copyright renewals, and can be renewed for longer periods.

For instance -- while Edgar Rice Burroughs created TARZAN in 1912, the TARZAN character is still fully protected under trademark law, since the trademark has regularly been renewed, even though many of the early books in the series have now become "public domain."

So, while you can definitely SELL your brochure to anyone, you may not be able to sell a digital copy, without the permission of the trademark holder. Admittedly, it's one of those vagaries of digital law that may be difficult to enforce; and yet we all know that there are legal sharks out there, just swimming in the waters of trademark law, hunting for raw chum.

Just to be safe -- what is the commercial brochure in question, and what company was it promoting?