Discussion:
What is the name of your state? California
I am being accused of copyright infringement and trademark siolation for selling a peice of published art out of a book. I am using the original plate that I leagly bought when I purchased the book. I feel that the art is mine to sell as long as I do not reproduce it.
Answer:
I feel that the art is mine to sell as long as I do not reproduce it. By tearing the page out of the book and reselling it, you are essentially creating a "derivative work" -- since the copyright owner can control the creation of derivative works, you are very likely infringing on the owner's copyrights when you unbind a book and sell off the pieces.
Your purchasing the book WOULD allow you to resell the book -- that's the first sale doctrine -- but purchasing a book, as you already know, doesn't allow you to make reproductions of the book, and also does not allow one to make a derivative work from the book.
As far as the trademark infringement is concerned, well, that would depend on a lot more facts than we have here.
Answer:
I see this as a common practice. One example that comes to mind is Maxfeild Parrish. Besides the limited number of prints that he produced in his lifetime and the licenced reproductions from his estate, the largest body of his work being sold are plates taken from books he illustrated and magazine covers he produced. I can go into any antique mall and the book plates and magazine illustrations out number the 'Original" prints 5 to one and they hold nearly the same value in the collectors market as the 'Originals".
Answer:
I see this as a common practice. One example that comes to mind is Maxfeild Parrish. Besides the limited number of prints that he produced in his lifetime and the licenced reproductions from his estate, the largest body of his work being sold are plates taken from books he illustrated and magazine covers he produced. I can go into any antique mall and the book plates and magazine illustrations out number the 'Original" prints 5 to one and they hold nearly the same value in the collectors market as the 'Originals". So what? Unless the book plate sellers either have permission, or are tearing the plates out of books published before 1923 (or otherwise in the public domain), they are almost certainly infringing the copyright owner's rights. Just because THEY haven't been accused of sued doesn't mean that what they are doing is legal.
If the book you are tearing the prints from is published before 1923, or is otherwise in the public domain, go for it. Otherwise, if you do this, you risk being sued.