Its perfectly legal.
Quoting part of 18 U.S.C. section 504, "Printing and filming of United States and foreign obligations and securities"
(ii) all illustrations (including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagraph (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued
I've been seeing these facsimile advertising "covers" on eBay for quite some time. I finally looked at one, purely out of curiosity, and can't figure out how the guy can sell them with stamps that are as he puts it, "The reproduction stamps are exact scale, fully perforated and permanently affixed to the envelope." Is he walking a fine legal line avoiding prosecution by USPS? Has he changed details on the stamps that make them legal to reproduce?
Here is the page:
http://www.ebay.com/itm/Facsimile-of-a-1954-Oldsmobile-Pin-up-Girl-Illustrated-Ad-Envelope-/301017804950?pt=LH_DefaultDomain_0&hash=item46160f3096
Baffled,
Bruce
(Modified by Moderator on 2013-11-15 11:50:27)
I seem to recall reading somewhere that US postage stamps issued before 1978 were exempt from copyright and are in the public domain. If so, then this should be fine as long as these stamps are clearly identified as not genuine for postage.
Peter
Were there stamps on the envelope? I couldn't keep my eyes off the car.....
It's an interesting question. I don't know the answer. There are laws governing this, and facsimiles of stamps have been made for a long time. If I recall correctly, a facsimile or photo of an unused stamp has to be at least double the size of the original? I think a used facsimile can be the same size, but this guy has created replica stamps (for want of a better term) that are the same in appearance as the originals. Since he is printing the "stamps" there is the opportunity for them to be used as postage. That would definitely cross the line. Just not sure how legal it is with his material and the fidelity to the actual item.
What was it about that car???
If you look closely the perforations are not the same as the original. plus the print quality of the cover itself is very poor-more than likely made on a desk top printer. Pure and utter garbage. Fournier would be very disappointed.
Dear Guys,
This is a continuation of the "Counterfeit" thread and might be used to extend the scope of that inquiry. There is another 'replica' that comes to mind-somewhere on eBay there is an artist that makes wonderful copies and sells them as art-they are clearly labeled and valued as an artistic expression.
Perhaps we need to more carefully delineate just what is art and what is a replica as against what is produced for more shady purposes. At the other end of the counterfeit productions are the fraudulent issues meant to deceive the unwary.
Dan C.
There appear to be several issues at play: reproducing postage with franking value; creating real-looking rare covers; and copyright.
If already cancelled, we can rule out the first; the second applies only if it can be proved that an attempt at fraud was being made, and given that it is sold as a reproduction, one would be hard pressed to make that stick; and then copyright, issues, which, as stated earlier, probably don't apply for a host of reasons, including time limits.
I am probably less charitable here.
Number one: it is idiotic to create replicas of penny stamps to put on the replica covers. Why not use genuine stamps and save yourself the hassle?
Number two: there is little doubt in my mind that this is an instance of counterfeiting postage stamps as punishable under the law. If these are really stamp imitations -- which I still somewhat doubt, see number one above, -- the person has created replicas of postage stamps. The act of creating replicas, i.e., making fake stamps, should already be illegal. I don't think it matters that the purpose is to use them on replica covers, as opposed to defrauding the postal system. If I print a bunch of dollar bills, I cannot simply get away by claiming -- when caught -- that they never were intended to be spend in a store. "Making" should be as punishable as "using" to afford seamless protection. But then again, I am just trying to make a common sense argument. I don't know the law. Perhaps someone can call the Feds, point out the auction, and ask if that is allowed or not. That could be fun (for us).
The real copyright violation perhaps is not in the stamp image, but in the potentially protected envelope design.
Arno
P.S. Here is what this topic is about (better save it now, before ebay deletes it):
What car?????
Mike
Sure Michael - it was definitely that CAR that took your attention away from the stamps! LOL
Actually, I admit, I'm with you and Mike, I didn't even notice the stamps until I read the whole message *after* checking out the picture. Oops! Beautiful replication of a cloud
What cloud?
Mike
My take is this:
It's a replica and therefore uses replica stamps. As Bobby pointed out, they aren't valid for franking and not attempting to defraud. If they used REAL stamps and a FAKE postmark, that could be considered more of a fraud, so I'd say the cover is legal. Now, as to value, I suppose the auction results will tell us that answer. If a similar cover for a 1967 305 Super Hawk or a 1986 300 ZX were available, I might be tempted to place a bid just for grins.
I agree, Poodle Mum. Nice cloud. Looks to be cumulus.
Lars
Well, I am still with Bruce that making replica of valid postage stamps is the exact definition of counterfeiting, 18 USC § 501.
But it is really irrelevant. It's a nice replica cover. In my opinion, the postage stamps, address, cancellation do not add to the value. It appears most find these components distracting anyways. Perhaps the seller might be better off selling the envelopes blank.
He's not selling an envelope. He's selling a nostalgic feeling, even though it's a fake. And he's not selling a replica of valid postage stamps. He's selling a replica of used postage stamps.
Hi Lars,
The topic of this thread is "is this legal," so our little back and forth is not irrelevant. I looked up the definition of counterfeiting (link above), which has so many different permutations that it makes your head spin. Obviously these are all intended to catch any conceivable possible act. The way I read the paragraph, "making or printing" U.S. postage stamps is prohibited. That the guy does not want to use the stamps for postage, but makes them to attach them on replica covers, I don't think is relevant. The very moment you "make or print" U.S. postage, one has committed the offense. The reason why one produced the stamps is inconsequential. Actually using for postage, or even the intent to use, do not appear to be necessary. Well, I read the paragraph and that is how I read it.
I understand where you are coming from, though. What gets me, is that he could avoid all uncertainty by simply using real stamps. What people are paying for really is the reproduction of the advertizing image. As all comments here have shown, nobody cares if the stamps are real or replicated -- it's all about the image. This is why I also suggested that he could probably easily sell the blank envelopes.
Yep, with that image, he can sell alot of envelopes.
Arno, I agree with you that printing the stamps is the issue. There is always the potential that they could be used for postage, thus defrauding the government. Doesn't have to be the seller who uses the stamps, but someone else could get the stamps from the seller and use them either knowing that they are not genuine or not. It won't matter to the postal inspectors. I wonder what he uses for postage when he mails the covers?
He could print them and change the denominations to "0", or even delete the denomination entirely making the "stamp" and "label". I have seen that on some facsimile stamps.
Take a look at this cover:
Click here to see the cover
Her got it right with this one. However, I wonder how DC Comics would react as he is using their copyrighted material and trademarks. Don't know if he has a license to do that. But that gets into another matter.
(Modified by Moderator on 2013-11-20 08:05:27)
Just looked at the guy's material Michael mentioned. Someone certainly puts a lot of work into making these facsimiles, don't they?
I've done some research, not deep study but my initial search appears to indicate that US Postage stamps cannot be reproduced in color if the stamp is the same size as the original. The size must be substantially larger or smaller to qualify for legality. Upon initial inspection of the cover I posted, it would seem to qualify for illegal usage. I noted that some of the seller's covers have fantasy stamps affixed while others have what appear to be exact duplicates of original US stamps.
Bruce
I understand what you are saying, but if those stamps are never offered for sale and only used on fake covers to which fake postmarks are applied, is it still illegal? I'm not an attorney so I don't pretend to know, but applying fraudulent postmarks to "legal" stamps seems to be as dicey as adding "illegal" stamps to a cover and then cancelling them.
the USPS is really interested in protecting the franking power of its postage; copyright is intended solely for that in this case. I believe that counterfeit stamps are covered by the same rules as protect us from counterfeit bills.... but enforced by a different agency, and with a different angle. A dollar bill always has purchasing power; a stamp has franking power only until it is cancelled, after which it becomes a piece of paper.
USPS has no intreest in protecting itself from a cancelled stamp.
As to the cachet maker, assuming anything was copyright, that's a different story.
Sorry, I wasn't very clear. I wasn't implying that USPS would care that cancelled stamps were being offered. I meant to indicate that the possible claim of fraud by applying a fake cancel to real stamps seems as likely as any claim of counterfeiting if the stamps are never offered without the cancellation. In the former case the complaining party would be a collector. In the latter case, it would be USPS. My point was that using real stamps may actually be riskier (in terms of possible legal claims) than using replicas that are cancelled. I don't know. I'm not an attorney. But it's an interesting thing to ponder!
HungaryForStamps,
These stamp replicas are not illustrations which would be if I'm correct would be printed upon the envelope but rather these are perforated examples that can be placed upon a replica cover, appear to be the correct size of the originals and therefore used elsewhere as well as on the colorful reproductions of older covers.
Bruce
Yes, they are perforated illustrations. The US code I cited says nothing about perforations. I seriously doubt anyone is going to prosecute for this activity.
Further, there is no evidence this Ebay seller created these facsimiles in the first place. He may simply be using up stock of existing facsimiles, fake canceling and selling them, I add, with clear indication they are fakes.
I see nothing wrong with this activity. Its troubling to us, but I seriously doubt its illegal or even unethical.
Hmmm. So, since some of his fakes are not marked reproduction but he mentions it, does that allow him to avoid responsibility if the next person sells them to unwary buyers without mentioning fake. When does this sort of thing stop? I think that naming the fake stamps perforated illustrations would not hold water with a judge nor should it.
Bruce
"Hmmm. So, since some of his fakes are not marked reproduction but he mentions it, does that allow him to avoid responsibility if the next person sells them to unwary buyers without mentioning fake."
"When does this sort of thing stop?"
"I think that naming the fake stamps perforated illustrations would not hold water with a judge nor should it."
"Hmmm. So, since some of his fakes are not marked reproduction but he mentions it, does that allow him to avoid responsibility if the next person sells them to unwary buyers without mentioning fake. "
I can, up to a point, see the line of reasoning being used by both of you regarding facsimile stamps but just don't agree with the conclusion reached because these fake stamps are the same color and size of US Postage stamps. I think the USPS isn't involved because nobody has brought their attention to his dealings. After looking at the wording of the law, I believe the action of fabricating US postage stamps, the act itself is a violation of the law. If we generously presume that the seller is merely selling a large inventory he purchased from someone else, and therefore did not create the fake stamps, he would still be responsible, in my opinion for carrying a suspect inventory and all of his inventory could be/should be confiscated.
Bruce
Here are a couple of excerpts from: U.S. Code Title 18, Part 1, Chapter 25, Section 501 for U.S. stamps, 502 for foreign stamps, and 503 for postmarks
Whoever forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof; or
Whoever makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving;
Shall be fined under this title or imprisoned not more than five years, or both.
And regarding postmarks:
Whoever forges or counterfeits any postmarking stamp, or impression thereof with intent to make it appear that such impression is a genuine postmark, or makes or knowingly uses or sells, or possesses with intent to use or sell, any forged or counterfeited postmarking stamp, die, plate, or engraving, or such impression thereof, shall be fined under this title or imprisoned not more than five years, or both.
Bruce
And I ponder further, what non stamp collector would know the stamps on the cover are replicas? I think the producer of these covers, some of which after further inspection, do not have facsimile printed on the back, is walking a very fine line.
Bruce
re: Is This Legal??
Its perfectly legal.
Quoting part of 18 U.S.C. section 504, "Printing and filming of United States and foreign obligations and securities"
(ii) all illustrations (including illustrations of uncanceled postage stamps in color and illustrations of stamps issued under the Migratory Bird Hunting Stamp Act of 1934 in color) shall be of a size less than three-fourths or more than one and one-half, in linear dimension, of each part of any matter so illustrated which is covered by subparagraph (A), (B), (C), or (D) of this paragraph, except that black and white illustrations of postage and revenue stamps issued by the United States or by any foreign government and colored illustrations of canceled postage stamps issued by the United States may be in the exact linear dimension in which the stamps were issued
re: Is This Legal??
I've been seeing these facsimile advertising "covers" on eBay for quite some time. I finally looked at one, purely out of curiosity, and can't figure out how the guy can sell them with stamps that are as he puts it, "The reproduction stamps are exact scale, fully perforated and permanently affixed to the envelope." Is he walking a fine legal line avoiding prosecution by USPS? Has he changed details on the stamps that make them legal to reproduce?
Here is the page:
http://www.ebay.com/itm/Facsimile-of-a-1954-Oldsmobile-Pin-up-Girl-Illustrated-Ad-Envelope-/301017804950?pt=LH_DefaultDomain_0&hash=item46160f3096
Baffled,
Bruce
(Modified by Moderator on 2013-11-15 11:50:27)
re: Is This Legal??
I seem to recall reading somewhere that US postage stamps issued before 1978 were exempt from copyright and are in the public domain. If so, then this should be fine as long as these stamps are clearly identified as not genuine for postage.
Peter
re: Is This Legal??
Were there stamps on the envelope? I couldn't keep my eyes off the car.....
It's an interesting question. I don't know the answer. There are laws governing this, and facsimiles of stamps have been made for a long time. If I recall correctly, a facsimile or photo of an unused stamp has to be at least double the size of the original? I think a used facsimile can be the same size, but this guy has created replica stamps (for want of a better term) that are the same in appearance as the originals. Since he is printing the "stamps" there is the opportunity for them to be used as postage. That would definitely cross the line. Just not sure how legal it is with his material and the fidelity to the actual item.
What was it about that car???
re: Is This Legal??
If you look closely the perforations are not the same as the original. plus the print quality of the cover itself is very poor-more than likely made on a desk top printer. Pure and utter garbage. Fournier would be very disappointed.
re: Is This Legal??
Dear Guys,
This is a continuation of the "Counterfeit" thread and might be used to extend the scope of that inquiry. There is another 'replica' that comes to mind-somewhere on eBay there is an artist that makes wonderful copies and sells them as art-they are clearly labeled and valued as an artistic expression.
Perhaps we need to more carefully delineate just what is art and what is a replica as against what is produced for more shady purposes. At the other end of the counterfeit productions are the fraudulent issues meant to deceive the unwary.
Dan C.
re: Is This Legal??
There appear to be several issues at play: reproducing postage with franking value; creating real-looking rare covers; and copyright.
If already cancelled, we can rule out the first; the second applies only if it can be proved that an attempt at fraud was being made, and given that it is sold as a reproduction, one would be hard pressed to make that stick; and then copyright, issues, which, as stated earlier, probably don't apply for a host of reasons, including time limits.
re: Is This Legal??
I am probably less charitable here.
Number one: it is idiotic to create replicas of penny stamps to put on the replica covers. Why not use genuine stamps and save yourself the hassle?
Number two: there is little doubt in my mind that this is an instance of counterfeiting postage stamps as punishable under the law. If these are really stamp imitations -- which I still somewhat doubt, see number one above, -- the person has created replicas of postage stamps. The act of creating replicas, i.e., making fake stamps, should already be illegal. I don't think it matters that the purpose is to use them on replica covers, as opposed to defrauding the postal system. If I print a bunch of dollar bills, I cannot simply get away by claiming -- when caught -- that they never were intended to be spend in a store. "Making" should be as punishable as "using" to afford seamless protection. But then again, I am just trying to make a common sense argument. I don't know the law. Perhaps someone can call the Feds, point out the auction, and ask if that is allowed or not. That could be fun (for us).
The real copyright violation perhaps is not in the stamp image, but in the potentially protected envelope design.
Arno
P.S. Here is what this topic is about (better save it now, before ebay deletes it):
re: Is This Legal??
What car?????
Mike
re: Is This Legal??
Sure Michael - it was definitely that CAR that took your attention away from the stamps! LOL
Actually, I admit, I'm with you and Mike, I didn't even notice the stamps until I read the whole message *after* checking out the picture. Oops! Beautiful replication of a cloud
re: Is This Legal??
What cloud?
Mike
re: Is This Legal??
My take is this:
It's a replica and therefore uses replica stamps. As Bobby pointed out, they aren't valid for franking and not attempting to defraud. If they used REAL stamps and a FAKE postmark, that could be considered more of a fraud, so I'd say the cover is legal. Now, as to value, I suppose the auction results will tell us that answer. If a similar cover for a 1967 305 Super Hawk or a 1986 300 ZX were available, I might be tempted to place a bid just for grins.
I agree, Poodle Mum. Nice cloud. Looks to be cumulus.
Lars
re: Is This Legal??
Well, I am still with Bruce that making replica of valid postage stamps is the exact definition of counterfeiting, 18 USC § 501.
But it is really irrelevant. It's a nice replica cover. In my opinion, the postage stamps, address, cancellation do not add to the value. It appears most find these components distracting anyways. Perhaps the seller might be better off selling the envelopes blank.
re: Is This Legal??
He's not selling an envelope. He's selling a nostalgic feeling, even though it's a fake. And he's not selling a replica of valid postage stamps. He's selling a replica of used postage stamps.
re: Is This Legal??
Hi Lars,
The topic of this thread is "is this legal," so our little back and forth is not irrelevant. I looked up the definition of counterfeiting (link above), which has so many different permutations that it makes your head spin. Obviously these are all intended to catch any conceivable possible act. The way I read the paragraph, "making or printing" U.S. postage stamps is prohibited. That the guy does not want to use the stamps for postage, but makes them to attach them on replica covers, I don't think is relevant. The very moment you "make or print" U.S. postage, one has committed the offense. The reason why one produced the stamps is inconsequential. Actually using for postage, or even the intent to use, do not appear to be necessary. Well, I read the paragraph and that is how I read it.
I understand where you are coming from, though. What gets me, is that he could avoid all uncertainty by simply using real stamps. What people are paying for really is the reproduction of the advertizing image. As all comments here have shown, nobody cares if the stamps are real or replicated -- it's all about the image. This is why I also suggested that he could probably easily sell the blank envelopes.
re: Is This Legal??
Yep, with that image, he can sell alot of envelopes.
Arno, I agree with you that printing the stamps is the issue. There is always the potential that they could be used for postage, thus defrauding the government. Doesn't have to be the seller who uses the stamps, but someone else could get the stamps from the seller and use them either knowing that they are not genuine or not. It won't matter to the postal inspectors. I wonder what he uses for postage when he mails the covers?
He could print them and change the denominations to "0", or even delete the denomination entirely making the "stamp" and "label". I have seen that on some facsimile stamps.
re: Is This Legal??
Take a look at this cover:
Click here to see the cover
Her got it right with this one. However, I wonder how DC Comics would react as he is using their copyrighted material and trademarks. Don't know if he has a license to do that. But that gets into another matter.
(Modified by Moderator on 2013-11-20 08:05:27)
re: Is This Legal??
Just looked at the guy's material Michael mentioned. Someone certainly puts a lot of work into making these facsimiles, don't they?
re: Is This Legal??
I've done some research, not deep study but my initial search appears to indicate that US Postage stamps cannot be reproduced in color if the stamp is the same size as the original. The size must be substantially larger or smaller to qualify for legality. Upon initial inspection of the cover I posted, it would seem to qualify for illegal usage. I noted that some of the seller's covers have fantasy stamps affixed while others have what appear to be exact duplicates of original US stamps.
Bruce
re: Is This Legal??
I understand what you are saying, but if those stamps are never offered for sale and only used on fake covers to which fake postmarks are applied, is it still illegal? I'm not an attorney so I don't pretend to know, but applying fraudulent postmarks to "legal" stamps seems to be as dicey as adding "illegal" stamps to a cover and then cancelling them.
re: Is This Legal??
the USPS is really interested in protecting the franking power of its postage; copyright is intended solely for that in this case. I believe that counterfeit stamps are covered by the same rules as protect us from counterfeit bills.... but enforced by a different agency, and with a different angle. A dollar bill always has purchasing power; a stamp has franking power only until it is cancelled, after which it becomes a piece of paper.
USPS has no intreest in protecting itself from a cancelled stamp.
As to the cachet maker, assuming anything was copyright, that's a different story.
re: Is This Legal??
Sorry, I wasn't very clear. I wasn't implying that USPS would care that cancelled stamps were being offered. I meant to indicate that the possible claim of fraud by applying a fake cancel to real stamps seems as likely as any claim of counterfeiting if the stamps are never offered without the cancellation. In the former case the complaining party would be a collector. In the latter case, it would be USPS. My point was that using real stamps may actually be riskier (in terms of possible legal claims) than using replicas that are cancelled. I don't know. I'm not an attorney. But it's an interesting thing to ponder!
re: Is This Legal??
HungaryForStamps,
These stamp replicas are not illustrations which would be if I'm correct would be printed upon the envelope but rather these are perforated examples that can be placed upon a replica cover, appear to be the correct size of the originals and therefore used elsewhere as well as on the colorful reproductions of older covers.
Bruce
re: Is This Legal??
Yes, they are perforated illustrations. The US code I cited says nothing about perforations. I seriously doubt anyone is going to prosecute for this activity.
Further, there is no evidence this Ebay seller created these facsimiles in the first place. He may simply be using up stock of existing facsimiles, fake canceling and selling them, I add, with clear indication they are fakes.
I see nothing wrong with this activity. Its troubling to us, but I seriously doubt its illegal or even unethical.
re: Is This Legal??
Hmmm. So, since some of his fakes are not marked reproduction but he mentions it, does that allow him to avoid responsibility if the next person sells them to unwary buyers without mentioning fake. When does this sort of thing stop? I think that naming the fake stamps perforated illustrations would not hold water with a judge nor should it.
Bruce
re: Is This Legal??
"Hmmm. So, since some of his fakes are not marked reproduction but he mentions it, does that allow him to avoid responsibility if the next person sells them to unwary buyers without mentioning fake."
"When does this sort of thing stop?"
"I think that naming the fake stamps perforated illustrations would not hold water with a judge nor should it."
re: Is This Legal??
"Hmmm. So, since some of his fakes are not marked reproduction but he mentions it, does that allow him to avoid responsibility if the next person sells them to unwary buyers without mentioning fake. "
re: Is This Legal??
I can, up to a point, see the line of reasoning being used by both of you regarding facsimile stamps but just don't agree with the conclusion reached because these fake stamps are the same color and size of US Postage stamps. I think the USPS isn't involved because nobody has brought their attention to his dealings. After looking at the wording of the law, I believe the action of fabricating US postage stamps, the act itself is a violation of the law. If we generously presume that the seller is merely selling a large inventory he purchased from someone else, and therefore did not create the fake stamps, he would still be responsible, in my opinion for carrying a suspect inventory and all of his inventory could be/should be confiscated.
Bruce
re: Is This Legal??
Here are a couple of excerpts from: U.S. Code Title 18, Part 1, Chapter 25, Section 501 for U.S. stamps, 502 for foreign stamps, and 503 for postmarks
Whoever forges or counterfeits any postage stamp, postage meter stamp, or any stamp printed upon any stamped envelope, or postal card, or any die, plate, or engraving thereof; or
Whoever makes or prints, or knowingly uses or sells, or possesses with intent to use or sell, any such forged or counterfeited postage stamp, postage meter stamp, stamped envelope, postal card, die, plate, or engraving;
Shall be fined under this title or imprisoned not more than five years, or both.
And regarding postmarks:
Whoever forges or counterfeits any postmarking stamp, or impression thereof with intent to make it appear that such impression is a genuine postmark, or makes or knowingly uses or sells, or possesses with intent to use or sell, any forged or counterfeited postmarking stamp, die, plate, or engraving, or such impression thereof, shall be fined under this title or imprisoned not more than five years, or both.
Bruce