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 Replies: 68 / Views: 12,044 |
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Bedrock of the Community
13014 Posts |
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He could replicate the photo. Then they can put in the time, effort, and expense to do so. If you ask most people say okay, when you assume that's when you get on their bad side and rightfully so. You bought a coin, not all associated marketing material as well |
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Pillar of the Community
Canada
2495 Posts |
When I buy a coin on ebay and I receive the package from the seller and the postage stamp is not cancelled, I will reuse the stamp. But maybe I should send the stamp back to him, since it's his stamp in the first place or perhaps I should keep the stamp but ask his permission for the privelege of using his stamp. What should I do? |
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Valued Member
 Canada
142 Posts |
The reward for your painstakingly removing the stamp, without damaging it, is the cost of the stamp. The reward for my time and effort taking effective marketing photographs is profit. The reward for right clicking, save image is profit? See the disconnect? Effort equals reward. Now this was harmless and without malice but would I feel the same if a large company was to right click and use my images to profit? No I would not. Profiting from the hard work of someone else, without acknowledgement, is not only illegal but morally irresponsible.
P.S I am only a novice photographer but saying that my photos could "easily be replicated", slightly offends me.
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Pillar of the Community
 Canada
5394 Posts |
Actually once a stamp is used , cancelled or not , it becomes the property of the recipient, as it is affixed to a package or personal correspondence. It is for a one timed paid amount and cannot be reused.
It is against Canadian Federal Law to "wash" or to reuse postage stamps . The RCMP busted a Montreal group a few years back for doing this.
US Law is also very specific on this topic as well . Described in Title 18 US Code. Sec. 471 Sec. 1720.
As to someone using a photo that was first in one of my listings , if they asked , absolutely I would be delighted to let them use it .
If they do not ask and then reuse it , umm not kosher at all!
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Moderator
Canada
10458 Posts |
I concur with Pacificoin. It is unlawful to reuse postage stamps. Doesn't Canada Post use mostly UV-readable postmarks nowadays with their automatic sorters? Do not buy lots of used stamps (typically sold as "no gum") - go to a stamp dealer and you can usually get unused postage (full gum or sticker) for about 65% of face. As for the discussion of photographs. If you don't want to share your images, then use a strong watermark to protect your copyright. That said, when you put a photo on your ebay list, read the fine print - any ebay affiliate can legally use it. You authorize it via your ebay User Agreement just by uploading it to ebay. Quote:"When providing content using the Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights (as defined above) you have in that content in connection with our provision, expansion, and promotion of the Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce against ebay, our assignees, our sublicensees, and their assignees your Intellectual Property Rights in that content in connection with our, those assignees', and those sublicensees' use of that content." "Discovery follows discovery, each both raising and answering questions, each ending a long search, and each providing the new instruments for a new search." -- J. Robert OppenheimerContent of this post is licensed under a Creative Commons Attribution-NonCommercial 3.0 Unported License. See: http://creativecommons.org/licenses...0/deed.en_USMy eBay store
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Pillar of the Community
 Canada
665 Posts |
I fear we have strayed quite far from the OP's original question however, as I understand the law, if you take a photograph of an object, then you hold the copyright for that image. You can, if you choose, enforce that copyright by asking some one using the image without permission to stop their use of the image or grant them an explicit right to use. Essentially, this is what the RCM has done if you read the sticky at the top of the NCLT page, they are enforcing their rights to the images of their coins that they produce. Of course, you own the copyright for the images that you produce. As a copyright holder, you can hold an image for your exclusive use, or you can allow others to use the image with permission for a royalty or for free, or you can choose not to enforce your copyright. If you choose not to enforce your copyright on a given image, then you can lose the right to enforce it in the future. The effort & investment required to make the photograph doesn't matter; whether you take a 5-second snap with a camera phone in daylight or the image is the product of thousands of dollars of gear with meticulous lighting, setup and re-shoots... the copyright is the same. It is also why you will often see a "perpetual right to use" release as part of the entry to photo contests and the terms & conditions on Facebook etc. You will still own the copyright but you grant the photo contest or Facebook the right to use the photo... usually for whatever purpose they want and without further royalty or compensation. @smallcentguy I dispute your characterization of Disney. They have invested millions of dollars in the images and movies that they produce and they have the right to profit from that investment, much as other companies have the right to profit from their products. If you want to talk about copyright thugs, you need look no further than the IOC who have the most predatory copyright and trademark legal team on the planet. |
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Valued Member
Canada
142 Posts |
My previous post in this topic the answers were informative and I understand that different experiences will form differing opinions. I am shipping a coin to the U.S and would like to know how customs and duties are calculated for the buyer? Do I claim the amount I sold the coin for or the inflated catalogue value? I'm trying to be mindful of the duties paid by the buyer, whilst staying within the legal requirements. I do not want the package to get held up due to numismatic value versus sale value if that even happens? Would customs deem value based on the weight of the precious metal content? Or do they have a copy of Charleton that they cross reference? I have searched the internet and the plentiful information here on CCF forums and have not come across anything specific. While there is lots of information on not making it a gift and not putting in a lower value that what it sold for but nothing on how to calculate the value of a numismatic item, which is the item description that I have presently been claiming on customs forms. I haven't shipped a coin that sold for over the $200 threshold. I know that some advice will be in favor of buyers and some will favor sellers, I'm open to all opinions and information. Is there a keep everyone happy legal way to ship a higher valued coin from Canada to the US? Thanks again.
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Pillar of the Community
Canada
586 Posts |
When I do it, I put the face value of the coins not the numismatic value or purchased value. The customs part of it become the issue of the buyer. Which he will have to pay on reception of the item.
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Pillar of the Community
Canada
821 Posts |
 It is legal to mark the face value, not the price you sold it for. You can mark " Canadian legal tender, Canadian numismatic items, Canadian coinage, face value $...". A 1948 silver dollar can be listed as $1.00 face value. Canadian coinage coming back into Canada is supposed to be duty-free. |
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Pillar of the Community
United States
1949 Posts |
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I am shipping a coin to the U.S and would like to know how customs and duties are calculated for the buyer? Declare the amount the item sold for. Quote:
When I do it, I put the face value of the coins not the numismatic value or purchased value. The customs part of it become the issue of the buyer. Which he will have to pay on reception of the item. If you follow postal regs, actual sale price is what should be declared, not 'face value'... Also, U.S. buyers will not have to pay any customs fees on collectible coins, we are lucky here with that, other countries, especially the U.K., are quite enthusiastic with the collection of duties! |
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Valued Member
Canada
142 Posts |
Hello, and thank you for your input. Maybe I should have been more specific but I don't think it will change the need to declare the sale price. I'm shipping a US coin from Canada to the US. The insurance needed to cover losses if need be would only be for 10¢ if I was to declare the face value. I think for lower priced coins that I would be willing to assume the risk for, I will keep that in mind. I wouldn't want to lose the money I would have to refund if it didn't make it there and if I understand correctly in the case of a claim the declaration form would be reviewed for the value of the reimbursement? But again, information gathered is all ambiguous to valuing an item that fluctuates in value. I really don't want to learn with trial and error especially with more money involved and appreciate the advice that is given. Fingers crossed this shipment goes off without any issues that would be from lack of experience and knowledge.
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Pillar of the Community
Canada
5394 Posts |
Coins going to the US are free of any Customs charges. That said coins are declared under tariff
9705.00.00.60 for the value that the Item was sold for . No sense jacking around with such ambiguities as a metal disc or round planchet.
Or trying to sneak it through at face value or other such nonsense. Declare it properly or it is subject to seizure without right of recourse by the CBP , US Customs.
We have been doing this twice a week for the past three years, crossing the Canada USA border on foot and never have an issue. The US customs agents spot check a package or two once in awhile and that is pretty much it. Pretty good to deal with if you are straight up.
As to Canadian Coins being reimported to Canada not being subject to DUTIES , that part is true, but not the entire story. The coins are imported under tariff 9705.00.00.90 and are subject to GST , PST , or HST depending on the physical presence of the importers business or residence. Exceptions are .999 fine or better Silver Gold or Other Precious Metal Coins , sold in relation to their spot prices.
Edited by Pacificoin
04/04/2018 6:54 pm
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Bedrock of the Community
13014 Posts |
Quote:
No sense jacking around with such ambiguities as a metal disc or round planchet.
Or trying to sneak it through at face value or other such nonsense. Declare it properly or it is subject to seizure without right of recourse by the CBP , US Customs. This. |
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Pillar of the Community
Canada
2366 Posts |
.999 for silver but .995 for gold and platinum. Palladium is not HST-exempt.
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Pillar of the Community
Canada
2495 Posts |
I still maintain identifying the item as a 'metallic disc' not for purposes of evading Customs, but rather for eliminating the postal clerk with 'sticky fingers'.
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Posted 03/26/2018 3:16 pm
