Legal Question

You've posted this in the US Notes forum, so I assume you're in the US and wanting to sell replica US or foreign notes. Laws in other countries are different. Caveat: My opinions are those of a non-US-resident and a non-legal-expert.


Actually, coins and banknotes are treated differently under US law. There are separate anti-counterfeiting laws covering each of them (coins and notes), but on the issue of replicas, coins are covered by the Hobby Protection Act - all you need to do is make sure COPY is stamped indelibly on the coin somewhere, and you're OK. I'm not entirely sure whether "numismatic item" has been sharply defined by the US courts, and/or whether that definition includes banknotes, but since I've never heard of the hobby Protection Act applying to notes, I suspect not. It might be a good idea to make sure "COPY" is visible on the notes somewhere, just in case.

For stamps and notes, this law seems to be the main go-to place. The law is written more towards reproducing the designs in books, rather than actual replicas, but I understand it still applies. As I read it, replica banknotes have to (a) be in black-and-white (not colour) and (b) be significantly larger or smaller than the real thing. There is a clause there saying the Secretary of the Treasury could issue a permit for colour full-size replicas to be made, but unless you're a foreign bank wishing to educate their staff on US money, you can probably forget about obtaining a permit.

For stamps, it appears that full-size colour replicas are allowed under this law, but you might want to get a more informed opinion over on the stamp forum.

If the replicas themselves do not comply with this law, then they're "counterfeits" under the law, and it's impossible to sell them legally. But if the replicas comply, then you shouldn't have any problems or restrictions on how to sell them. Clearly stating their compliance with the law and providing links to the relevant laws would probably keep your customers (and the Secret Service) happy.

To me, it is Federal Law which regulates such items.

I think the key in this area of law lies with the "intent to deceive." I am not sure exactly which
laws would govern replicas, but I think you would be fairly safe as long as it was clear that what
you were selling were replicas.

The replicas I have saw online often have the word replica physically present on them. I think to sell
replicas without such markings, even if they were advertised as replicas, could lead to trouble seeing
how some might buy them with the intent to deceive.

For them not to be clearly marked would, in my limited opinion, be walking a very thin line.

Maybe searching for legal definers of counterfeit would be a start.

As for lawyers not knowing the answer, did you contact lawyers dealing in Federal law or
those dealing in State law? Seeing that the web is a medium crossing state lines, you really
need to ask a Federal lawyer your question if you have not already.

Kenscott

Why on gods earth would anyone in their right mind pay for a scan/picture of something numismatically they will never own.
There are countless pictures and images of coins and banknotes available on the web for free! If they are your pictures you own the copyright. So the important.
Part of the answer you seek is "Can I get away with scamming people".
The answer is probably yes if you do this through ebay.
But if you do you certainly won't make any friends on this site.

@trout: you make a good point, but perhaps a collector would want a note that has the same feel and texture of a real note. If you think about it in this way, money is indeed funny. Who decides which piece of paper is redeemable for goods and services anyhow?