Hypothetical Coin Deal Gone Bad

Any honest and fair dealer should have no problem with that....some even ask for time extensions to allow for TPG submission. In my case, I say sure, go for it, as have those dealers I have asked this of.

Remember, we are saying courtesy, integrity and a square deal. The OP was about just the opposite, a MISrepresented coin...I would expect nothing except caveat emptor.

 

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I agree with Ben's analogy.

Copyright is a property right. Under the Federal Copyright Act of 1976 (effective January 1, 1978 and amended when the USA joined the Berne Convention in 1989), photographs are protected by copyright from the moment of creation.

I interpret the above mentioned Acts and Amendments as giving whomever took the photo as the sole and perpetual owner of the photo regardless of the current owner of the coin itself.

I feel when using/posting a photo taken by anyone other than the author it should be credited to the source.

 

Here is AOL's take from http://o.aolcdn.com/pictures/ap/Locale/v1.12/en_GB/html/AOLPicturesUsageReminder.htm

 

Is seller to assume form the buyer's silence that everything is ok with the transaction?

Is an email from the buyer saying they can't check out the coin within the warranty period and that they need more time enough of a good faith effort to get a grace period extended?

Was there intentional misrepresentation? The coin and the picture don't match. Poor photography or excellent photo editing skills?

 

That's my concern.

A lot depends on what is meant by "skillful application of photoshop". If it's just the standard color balance to make the image look more like the real coin, fair game. That's a positive; everyone should do that, and many do.

But my take on Ben's original post is that someone used some e-airbrush to intentionally hide defects or color spots.

To me that's outright fraud. At that point, the 10-day return period is not an issue. They need to make this right, and it's time for the BBB*. If it's a really big purchase, then it might be a criminal issue.




* or other remedial bodies. E-bay and pay-pal can be helpful.

 

<emphasis mine>

That makes sense to me.

 

I don't know how many remember the case on Peoples Court http://www.cointalk.org/showthread.php?t=29086&highlight=peoples+court
That is exactly why and how that case was decided.

 

The copyright quote is correct. For people winning auctions and taking a copy of the photos and/or the printed page, I don't believe that would ever be a problem under "fair use" (or personal use) provisions just so long as the material is not used somewhere else. At that point "fair use" and "personal use" are separated and interpretations of "fair use" comes into play; things get complicated, lawyers may appear, ugh.