If a vendor at a craft fair is knowingly selling copyright material, can those holding the copyright come after the facility holding the fair?

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If a vendor at a craft fair is knowingly selling copyright material, can those holding the copyright come after the facility holding the fair?

Does it matter if the facility has knowledge that this vendor is violating the law?

Asked on September 9, 2012 under Business Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the vendor is simply reselling items that have been copyrighted and which the manufacturer of the items being resold has the license to do such from the entity or person holding the copyright, then what is being done is allowable.

However, if the vendor is fabricating the copywritten written material without the written license to do so from the person holding the copyright, such is illegal under federal law.

As to the faclity holding the venue of the craft fair where copywritten items are being sold with or without proper licenses, the facility has no legal duties to the person or entity holding the copyright and cannot be held liable for any improprieties under federal law.


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