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|| SportsShooter.com: Member Message Board
Do Gray Market Goods Violate Copyright?
Ronnie Montgomery, Photographer
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Ian L. Sitren, Photographer
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Palm Springs | CA | USA | Posted: 11:41 PM on 11.08.10 |
| ->> The few dollars you save buying grey market camera gear will never compensate you as much as when a good dealer relationship saves your day when you are shooting professionally. |
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Erik Markov, Photographer
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anywhere | IN | | Posted: 8:19 AM on 11.09.10 |
| ->> That just refers to stores selling products without the approval of the manufacturer I think. AFAIK grey market photo products are sold here with manufacturer approval with understanding there is no warranty implied or otherwise. This has more to do with Omega wanting to protect their brand because they are such high end watches they don't want "sub par" watches getting out and ruining their image if they break and people blab. |
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Geoff Miller, Photographer
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Portage | MI | USA | Posted: 1:26 PM on 11.09.10 |
->> I think it's a long-shot that Omega's going to win this one. The most recent test case of "grey market" and copyright law was in 1998: QUALITY KING DISTRIBUTORS, INC. v. L’ANZARESEARCH INT’L, INC. (96-1470)
98 F.3d 1109, reversed. http://www.law.cornell.edu/supct/html/96-1470.ZS.html
One of the exclusive rights granted to a copyright holder is that of control of distribution. However, the so-called "First Sale Doctrine" states that this exclusive right only deals with the initial sale of the copyrighted material. Otherwise, you could block someone from re-selling a print of a photo that they legally purchased from you. The Quality King case involved the sale of "grey market" hair care products imported from another country. Justice Stevens noted in his opinion: "The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution." If Omega (Nikon, Canon, etc.) initially sold their products overseas and they were legally acquire, then US Copyright Law, as interpreted up until now as clearly held that "parallel importation" is not a copyright violation. In the past, there hasn't been a distinction made between items that were imported vs. re-imported. |
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Butch Miller, Photographer
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Lock Haven | PA | USA | Posted: 2:08 PM on 11.09.10 |
| ->> There was a time when the grey market price differential could be a substantial savings for photo gear ... lately, the savings vs acquiring a good warranty for new gear just doesn't seem worth the effort .... legalities of the transaction notwithstanding ... |
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