----if I buy a magazine from a news stand and give it to you when I am finished with it,
are either of us violating any laws?
IF the news stand man gives me the magazine, does the law care if I give it away or
sell it?Copyright violation; why is giving away a magazine a violation?
No. If you (or the newsstand) legally obtain a legal copy of a copyrighted work, then you are free to sell or give away the legally obtained copy as you like. In copyright law parlance, this is known as the first sale doctrine.
See the link below for more information.
http://www.tabberone.com/Trademarks/Copy鈥?/a>
The question then becomes whether the First Sale Doctrine grants you the right to publicly display a work. Section 109(c) of the Copyright Act grants you the right to display no more than one image at a time to viewers present at the place where the copy is located.
Thus, for example, you can display the front cover of a magazine you legally obtain for purposes of identifying the magazine to be sold or given away. However, in the example you describe, the Florida man is publicly displaying the entire work without permission, which is not allowed by copyright law.
The text of Section 109(c) of the Copyright Act can be found below.
http://www.copyright.gov/title17/92chap1鈥?/a>Copyright violation; why is giving away a magazine a violation?
First sale doctrine allows you to sell or give away your copy of a legally obtained magazine but does NOT allow you to make any other copies, including copies for upload or for putting into your personal collection for any profit-oriented reason. In other words, the copyright owner EXPECTS the magazine to be sold (and possibly resold) but can prevent anyone from making or distributing copies made without permission. Just like music or photos: if the copyright is registered, the owner could sue anyone for uploading or downloading unauthorized copies and be awarded up to $150,000 USD for each work that is violated.Copyright violation; why is giving away a magazine a violation?
He was publicly displaying it to people he wasn't related or acquainted to. He was practically free-renting it.
Giving a magazine to someone else doesn't count as copyright infringement :U
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