Los Angeles, CA asked in Copyright for California

Q: I have a canvas thats 40" by 60" of a copyrighted photo. It is a un-official photo from what I can find.

It is a one of a kind reproduction of some sort that is not signed and never offered on a canvas. So it clearly is a private collectors item of a famous photo. I could care less about the photo (on a canvas) and want to just sell it off and be rid of it's huge size. I don't even know how someone would get such a large print of a controlled image that you can barley find a thumb nail size of online. The quality and clarity looks like it's original. Can I legally sell it as a unofficial one of a kind collectors piece which is not being sold as prints or as product? It's a one off that has no value as a original.

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1 Lawyer Answer
John Espinosa
John Espinosa
Answered
  • Lowell, MA

A: It all depends on the circumstances of the sale in which you received the print. If it was from the photographer or a legitimate reseller, then you may be able to re-sell it. This is because of the first sale doctrine.

Typically, the first sale doctrine will come into play in these types of questions: an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. 

https://www.justice.gov/usam/criminal-resource-manual-1854-copyright-infringement-first-sale-doctrine

Here's a good overview of copyright and photography: https://blog.kenkaminesky.com/photography-copyright-and-the-law/

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