Hello, I am selling 3000 celebrity wallpapers pack here on DP: http://forums.digitalpoint.com/showthread.php?p=1420189 I am just giving resell rights to my buyers. But one of DP and NamePros member is selling the same pack on NamePros without my permission. He did'nt even purchase this pack from me and have no resell rights. Remember i am just giving buyer resell rights not the master resell rights. So my buyers can't give the permission to their buyers to resell again n again. What do you suggest me to do next? Should i take any action and if yes then what ? Thanks
If you selling the pack with resell rights you can't do much, ok as you say not the master rights but this makes no differance really. There's probably another issue with celeb wallpapers if you tried to take legal action that you'll probably find out you don't even own the rights to resell more than 50% of the pictures anyway. Sorry fella but not a lot you can do.
First of all, I am highly against selling images that can have potential copyright issues as you are getting paid for simply going to a few websites, saving images, and just organizing them. Second of all you never specified in your original post that there are resell rights, and then you state that there are. You should always state your rights in your original post. Lastly, if there is even 1 image that is watermarked or copywritten, you do not have the right to sell it. You may use it, but not sell it. It is not your property. I would like to see the outcome of you trying to start a lawsuit for the images that you don't even own. I can go on a site like Namepro's get 3000 pictures, and try and sell them. If one image is different, I can say that it is not the package you are offering, and state that you don't own any of the individual images, so you have no case. Laywers would have a field day with this one.
Lawyers wouldn't be able to touch this one because it would be thrown out of court (along with the Plaintiff).
Laywers usually receive a cease and desist letter before it would ever make it to the courts. Also, I didn't pay any close attention to how the listed celebrities are, but if you have any pictures of any minors (Celebrities that aren't 18 yet), you would need a authorized guardian signature to even post it online, even if the original author got permission, you are claiming their "copyright safe" works I believe.