Help - Hobby Protection Law

I am looking for a copy of the Hobby Protection Law. The only thing I can find is http://www.law.cornell.edu/uscode/15/ch48.html. Problem is that I have seen further requirements (type style, size, etc.), but the only place I can find them is in a forum with no reference. I need something that I can site arguing with eBay. Anyone got something I can use?

 

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I am interesting in finding out and reading about this law. Hope to see a lot of posts on this

 

RLM, is this to what you're referring???

http://www.collectors.org/Library/Hobby_Protection_Act.asp or maybe this is more official...

http://uscode.house.gov/download/pls/15C48.txt

-LTB

 

The second one is the same as I referenced at Cornell. The first one has the same words I am looking for, but again is not official. In fact yours says "TITLE 16--COMMERCIAL PRACTICES CHAPTER I--FEDERAL TRADE COMMISSION". Can anyone tell me where that fits into the Hobby Protection Law? Where or if I can get an official copy?

 

Most federal regulatory laws are in two parts - a statute enacted by Congress and signed by the President, which becomes part of the United States Code; and regulations adopted by the federal agency charged with enforcement of the law, which become part of the Code of Federal Regulations.

The US Code provisions you found at the Cornell site set forth the basic law and designate the Federal Trade Commission as the responsible agency. Your second link is to the portion of the Code of Federal Regulations containing the regs adopted by the FTC explaining and amplifying the statutory provisions. They have the force of law and are just as "official" as the Code.

 

I did look it up, but I did not have the title when I was looking it up. I have previously had better luck looking for phrases from a document, but apparently not this time.

 

Here is the letter I received from eBay;

And here is my answer;

If anyone has any suggestions, speak up soon. I need to respond soon. That probably means today before they close.

 

Lighten up!

There are far more serious problems with some EBay sellers than technically varying from the markings on a copy/replica, but still clearly showing the status.

 

You mean like selling unmarked copies? That is exactly what this one is doing - openly. Try reading this thread http://www.cointalk.com/t95466/

 

I'm confused. Wouldn't your energy be better spent going after guys selling unmarked crap rather than the guy who uses "replica" instead of "copy"?

 

If you had read the reference thread, you would see that they are one and the same person/company. Also, at least some people who have bought from him have received unmarked copies.

 

I am not saying that you are wrong, but I have more pull and persistence than most people. I have had more than one "discussion" with them. So far I believe the only one I have lost is requiring pictures for coins after 1980. I believe that one I won is why multiple listings (so called dutch auctions) are no longer permitted for coins. I am not going to guarantee results, but I am far from conceding yet.

 

I think you're doing a good thing rlm. The statement by the person from ebay that it's ok to use the word replica instead of copy makes no sense at all. Making the arguement that the seller said copy in the description but the coin says replica isn't good enough,it's not the law, it's whats on the coin that matters. They don't get to decide whats legal and what isn't. The law is cut and dry and they should follow it.
What I would like to see is ebay put all replicas and reproductions as a separate main category under coins and paper money. As it is now each category like US coins ,world coins,etc. has its own replica and reproduction sub-category. It might make policing counterfeits and scammers a lot easier.

 

I did read the referenced thread but I guess I don't know how to correlate what you've provided here with the person/company identified in the other thread. But now that you've explained, I'm no longer confused and fully support your efforts.

 

The Hobby Protection Act

Hi all, I was reading this post and thought the link below may help, if you haven't already seen it.


http://www.usmint.gov/consumer/?flash=yes&action=busguide&sub=BusReplicas and see also [Page 1297]

TITLE 15--COMMERCE AND TRADE

CHAPTER 48--HOBBY PROTECTION


Sec. 2101. Marking requirements
http://frwebgate.access.gpo.gov/cgi...busc15.wais&start=9182341&SIZE=2553&TYPE=TEXT

 

I think it rather ironic that your link for the mint should virtually remove my hope of winning. Take a look at their example counterfeit half eagle. It violates the law as I read it definitely 2 ways and likely 3.

1) vertical dimension of not less than two millimeters (2.0 mm) or not less than one-sixth of the diameter of the reproduction - Their example is about 1/12th the diameter.

2) the word "COPY'' shall be six millimeters (6.0 mm) or not less than one-half of the diameter of the reproduction - Their word is 20 - 25% the diameter of the reproduction.

3) minimum depth of three-tenths of one millimeter (0.3 mm) or to one-half (1/2) the thickness of the reproduction - I cannot measure the depth of the lettering, but I sincerely doubt that is 1/2 the thickness of the reproduction.

 

I sure was hoping that it would have helped you. I did look up the ebay item # and clearly the seller does not have the word "copy", but has" replica" on the coin instead. It ( word replica) looks to be too tiny according to the standards. He also refers the item as a "coin ", which could mislead buyers .

 

No it's legal. I did a couple of rough measuerments and 3 1/2 times the horizontal distance of the word COPY is about the same as the diameter of the coin. Since the coin is 21.3 mm that would make the word COPY about 6 mm. And it is about three tmes as long as it is high so that would make COPY about 2 mm tall. That fits the requirements.

Note the word OR in the quote above. That means the height has TWO possible was to be legal. It can either be 2mm high OR it has to be not less than one sixth the diameter. The second part of that was put in for those reproductions that are less than 12 mm in diameter. It allowed the wod COPY to be smaller on the very small reproductions. The first part keeps the word from having to be HUGE. Without the first part, a copy of a silver dollar would require COPY to be over 6 mm tall.

Same comments as on the last quote.