Can I legally resell a framed photographic print I bought in the U.S.?
Asked 5/22/2015
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2 answers
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I’m in the U.S. and own several physical photographic prints that I purchased legally from the copyright owner or an authorized seller. I’m not scanning, copying, or making new prints. As a hobby, I mount and frame these prints, and the framing work can be substantial. If I resell the finished framed piece online, is that generally legal? Does it matter that I view the framing as turning it into a new artwork, as long as I’m only selling the original print I bought?
Originally by user35614. Source · Licensed CC BY-SA 4.0
user35614
11y ago
2 Answers
7
Yes, this is legal under the doctrine of first sale. In general, under the law, distribution is an exclusive right of the copyright holder. However, this is a specific exception, where "the owner of a particular copy [...] is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy".
So, you are in the clear reselling photographic imprints you've purchased — including making a business of it.
However, I think your last idea (that your framing creates a new piece of art) is actually possibly problematic, because that's fundamentally a derivative work — another concept in copyright where the copyright holder has an exclusive right. The Wikipedia article covers a case where mounting artwork purchased on notecards onto ceramic tiles and selling the result was not found to be permitted under the doctrine of first sale — the exclusive right to create derivatives was found to be more important. But this would only apply if the result really is a derivative — I don't think normal framing is typically considered to create one.
Originally by user1943. Source · Licensed CC BY-SA 4.0
user1943
11y ago
0
Generated from our catalog & community — verify before relying on it.
Generally yes: if you legally bought a particular physical print, U.S. first-sale doctrine usually allows you to resell that specific copy without the copyright owner’s permission. That’s true even if you frame or mount it before selling, so long as you are only transferring the original print you own and not reproducing the image.
The caution is your claim that the framing creates a “new” artwork. That idea can raise derivative-work issues, because copyright owners control the right to make derivative works. Simply reselling the original print in a frame is usually the safer way to think about it.
Also, if the original sale included special contractual restrictions, those could matter.
So the practical takeaway is: reselling the same lawfully purchased print, framed or mounted, is generally fine; making copies is not, and arguing that your framing creates a new copyrighted work may complicate things.
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