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Query on photocopy items
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Post Posted: Mon Nov 22, 2010 9:10 am 
 

Dear all

Hi there, I use to work for a gaming company in the role I was involved with campaigns and team building - part of this getting information on campaigns to the team so that they could have the right relevant campaign information at their disposal.. I asked up the chain of command (in house) if I can furnish copies of source material for the team(s).  The response was yes but we dont have originals available - I was sent 4 boxes of "copies" related to the campaigns for disposal into the teams....

When I left the company part of the deal was to take everything from on and below my desk...  I have only recently unpacked some of those boxes and found a set of the copies - ok thats the background...

My query is can I sell those copies?

yours
Seany

  

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Post Posted: Mon Nov 22, 2010 9:25 am 
 

In a word, 'no'. Not without permission on the copyright holder, as it is their copyrighted materials.

Now, if it were unpublished materials that had not been published, or pre-publication materials that had been retypeset and published in a revised manner, then you would be able to sell it as it could be argued that it was legitimate game developing materials, and it would be listed as 'unpublished manuscriot' or 'pre-publication manuscript' for a product.

But selling photocopies of something published breaches copyright law, and eBay would be inundated with coplaints if you list such things. After all, we can all run off photocopies of stuff and sell them on eBay if it were permissable and morally accepted by people.


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Post Posted: Mon Nov 22, 2010 11:24 am 
 

I think the line is what was used "inhouse" vs "outhouse" :)  If it was used outside such as tournament material or sent out as a prepub to be read by others then its probably okay - although even most prepub material should probably not be resold.

Inhouse usually constitutes more critical info - you shouldn't be leaking out the companies secrets or intellectual property, etc.

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Post Posted: Mon Nov 22, 2010 11:49 am 
 

Well,

a) If the company fully owned the rights to the material that is on the photocopies

b) And if they told you you could take it, and didn't place any restrictions on it

c) And if there were no other agreements restricting such (non-disclosures or what have you, relative to material like that)


then I would have to say "yes".


However, I'm guessing (b) was not really done formally, so you wouldn't have any proof of that statement.

If the material in question is not really "sensitive" (a new product just hitting the market, still bringing in sales), you could always rely on the "who would do anything about it, because it's just too trivial" principle.

But as a buyer or as a decision-maker at eBay, for example, I would be extremely suspicious of someone selling photocopies who said "no, I worked for them and they said I could have them, really".

  


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Post Posted: Mon Nov 22, 2010 12:33 pm 
 

Thank you

Can I give the copies away? or should shred them?

yours
Sean

  

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Post Posted: Mon Nov 22, 2010 12:54 pm 
 

That's a moral dilema.
One could argue that there was no intent to profit and therefor giving them away is fine. One could also argue that it breaches copyright.

Whether you sold them or gave them away, the likelyhood of anyone ever doing anything about it is practically zero. eBaying them may annoy some people and may get a listing pulled, but that's as far as anything ever goes with eBay.

I'd just alist a job lot of 'stuff' from when you used to work for 'company x' and leave it for the buyer to dig through do what they wanted with them.


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Post Posted: Fri Nov 26, 2010 7:14 pm 
 

Don't shred the copies.  It would be an overreaction.


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Post Posted: Sat Nov 27, 2010 3:54 pm 
 

There is likely a clause in whatever contracts you may have signed, probably the non-disclosure, non-competition portions. Nevertheless, we see this kind of stuff come up all the time: records & cds at used stores that say "For Promotional Use Only," galley proofs at used book stores, etc.

The problem with your material is that it's photocopies. From what you describe, no one could tell whether the publishers made it themselves, or a consumer made them. Even if you wanted to take the slightly shady route of selling them, why would anyone buy them?

  
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