As I understand, you can't resell sports cards that have been altered or repurposed. so My question is. After sending sports cards to a company suck as Beckett or PSA to be graded for quality. Is it still legal to re-sell them or would that be considered copyright infringement?
They are sold every day on ebay so I think it's ok.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 19 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
Under the first sale doctrine, the copyright owner's rights are extinguished with respect to the copy sold. When you purchase an item, with very limited exceptions, you are free to do what you please with it. You just can't make copies of it.
If the cards were purchased from a reputable source and then resold you should be fine. Copyright infringement occurs when someone prints their own cards for sale or sells phony cards .
You should be fine, you have not substantially modified the cards or made unlawful copies. If you are concerned retain a copyright attorney to examine your cards and consult with you in confidence.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
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