resell rights by default

[MTG]

If it's sold exclusive, I reserve all rights for the buyer, unless stated otherwise.
Non-exclusive, certain rights are allowed.

 

[Ghast]

I’d like to share insight here from the perspective of a resource author who has a considerable amount of buyers on one of his resources.

Dealing with customers is... hard at times... very hard. Don’t make our job harder. As previously stated by Majored and Ally, purchasing any sort of product on MC-Market grants you a revokable personal license. This, in short, means you and you only can use that product under that license. Distributing the very same product you’re licensed for results in a violation of terms and conditions established by the nature of the license. It’d be absurd if people could sell $200 in plugins in a $5 setup.

As for any commissioned work, this is quite a peculiar scenario. By the law of the land (US and I believe the very same applies in Australia), work for hire stands by this definition:

Section 101 of the Copyright Act (title 17 of the U.S. Code) defines a “work made for hire” in two parts:

• a work prepared by an employee within the scope of his or her employment

or

• a work specially ordered or commissioned for use

1. as a contribution to a collective work,
2. as a part of a motion picture or other audiovisual work,
3. as a translation,
4. as a supplementary work,
5. as a compilation,
6. as an instructional text,
7. as a test,
8. as answer material for a test, or
9. as an atlas,

• if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire.

Any product sold on here is considered as audiovisual work.

This ends up bouncing back once again with the point being stated. Unless you properly agree with the freelancer/contractor on the details of the work, whether it’s freelance or work for hire, you are not subject to owning the rights for what you have purchased. If a developer decides to charge extra, good on him.

Hope I could have added value to what was already said on this thread,
Best regards,
Ghast

 

[Reyn]

Hi, I wanted peoples opinions. Personally I think that resell rights should come with something by default.
When I pay for a plugin, or for Art, I'm paying for a product, I'm not renting it out. Why should I have to ask or even pay before I can sell something that I have paid for and is rightly mine?

Doesn't make sense and just seems to be a money grab tbh.
My personal opinion.

In my opinion, unless it’s stated that you can’t redistribute, you should have full rights to resell after you’ve purchased the product.
For example, if you go into a store and buy yourself a new iPhone, then when you get home you decide you don’t want it any more, you list it for sale on eBay. If that is totally fine, then what makes a digital product any different? Once the transaction has been made, ownership has been transferred to you, and you have the right to do whatever you want with it. This is actually an exemption to copyright, and the concept is known as the First-sale Doctrine. In regards to US Law, 17 USC Code 106 “Exclusive Rights to Copyrighted works” should provide more information if you’re curious

 

[Ghast]

In my opinion, unless it’s stated that you can’t redistribute, you should have full rights to resell after you’ve purchased the product.
For example, if you go into a store and buy yourself a new iPhone, then when you get home you decide you don’t want it any more, you list it for sale on eBay. If that is totally fine, then what makes a digital product any different? Once the transaction has been made, ownership has been transferred to you, and you have the right to do whatever you want with it. This is actually an exemption to copyright, and the concept is known as the First-sale Doctrine. In regards to US Law, 17 USC Code 106 “Exclusive Rights to Copyrighted works” should provide more information if you’re curious

The law also states:

For the first sale doctrine to apply, lawful "ownership" of the copy or phonorecord is required. As §109(d) prescribes, first sale doctrine does not apply if the possession of the copy is "by rental, lease, loan, or otherwise without acquiring ownership of it."

(Wikipedia)

Ironically, any software/media product sold on this very market is leased under a license. You can learn more about at the following links:

• https://en.wikipedia.org/wiki/First-sale_doctrine#Application_to_digital_copies
• https://www.mc-market.org/wiki/redistribution-rights/

As for aquiring ownership of a product, in short you mean the rights of it. By default, you are not aquiring rights for anything without a contract. This invalidates the use of this law for this particular example.
Bests,
Ghast

 

[Sloth]

If it's a nonexclusive product that will continue to be sold by whoever created the product then you shouldn't have the right to sell it/redistribute it. By that logic, I could resell the identical product for less and undercut the original seller.

 

[StrafeZ]

I meant exclusive products, not non exclusive, my bad

 

[Reyn]

Technically,if the user that sold u the plugin hasnt send u any Terms Of Services that u should agree with saying that you cant resell it,you basically have the permission to do it.

Yes, you should so. This post is about "Resell rights by default".