Hello,
I have recently met a man at the Pasadena Rose Bowl swap meet, which occurs once a month. This person was reselling a Disney novelty item (see picture)
During my conversation with the seller, he explained that the manufacturer had gone out of business, and he had acquired much of the inventory. He said that many of the clear plastic housings (units/holders) had turned from clear to yellow and he was not selling the items that were in that condition. He showed me one. You could see the film, but is was difficult. I assume that this drove the manufacturer out of business. I asked him if he had plans for the yellowed items and if he was interested in selling them. He said yes. He also told me that he had about 40 boxes filled with just the sections of film, each section was made up of 2 frames of 35mm film. I asked how many were in each box. He did not know for sure but estimated between 50,000 and 80,000 sections of film.
So my question is this. If I were to acquire the less desireable yellowed plastic items, remove the section of film, throw the ruined plastic part in the trash and place the section of film into a plain white slide mount (same as those used in slide projector) such as this,
(not Disney but just an example)
can I legally resell the Disney items? Is this similar to buying a music CD, accidentally breaking or losing the plastic case that it came in, putting the CD into a generic clear plastic CD case, and then selling that CD to another person or music store (when music stores existed)? Music stores always sold used CD, and sometimes without the original case. You are still selling the music CD for what it is, missing the original case (same with VHS videos missing the box).
Also, my thoughts on the boxes that this person has of individual sections of 35mm film are similar. I would be interested in placing them in the same generic white plastic slide mount and reselling them for what they are, 35mm film sections from the Disney film or other film. Would I need to explain in my sales description that these were obtained by way of the defunct manufacturer and that they are 35mm Disney film (obvious)?
Thanks,
Jeff
I have recently met a man at the Pasadena Rose Bowl swap meet, which occurs once a month. This person was reselling a Disney novelty item (see picture)
During my conversation with the seller, he explained that the manufacturer had gone out of business, and he had acquired much of the inventory. He said that many of the clear plastic housings (units/holders) had turned from clear to yellow and he was not selling the items that were in that condition. He showed me one. You could see the film, but is was difficult. I assume that this drove the manufacturer out of business. I asked him if he had plans for the yellowed items and if he was interested in selling them. He said yes. He also told me that he had about 40 boxes filled with just the sections of film, each section was made up of 2 frames of 35mm film. I asked how many were in each box. He did not know for sure but estimated between 50,000 and 80,000 sections of film.
So my question is this. If I were to acquire the less desireable yellowed plastic items, remove the section of film, throw the ruined plastic part in the trash and place the section of film into a plain white slide mount (same as those used in slide projector) such as this,
(not Disney but just an example)
can I legally resell the Disney items? Is this similar to buying a music CD, accidentally breaking or losing the plastic case that it came in, putting the CD into a generic clear plastic CD case, and then selling that CD to another person or music store (when music stores existed)? Music stores always sold used CD, and sometimes without the original case. You are still selling the music CD for what it is, missing the original case (same with VHS videos missing the box).
Also, my thoughts on the boxes that this person has of individual sections of 35mm film are similar. I would be interested in placing them in the same generic white plastic slide mount and reselling them for what they are, 35mm film sections from the Disney film or other film. Would I need to explain in my sales description that these were obtained by way of the defunct manufacturer and that they are 35mm Disney film (obvious)?
Thanks,
Jeff
Copyright Law: Can I Sell an Item Removed from Original Damaged Case and Put in a New Generic Case
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