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Why don't athletes who don't want their autographs resold draw a shape to designate it's not for resale?

On their website they list what the shape is and then perhaps an independent authenticator would display them for all athletes.

Here's an example, a Trump signed ball with a dollar sign added.

If this got listed on eBay, Craigslist or such they'd have to remove it.

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closed as off-topic by Philip Kendall Jun 12 at 2:50

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    "If this got listed on eBay, Craigslist or such they'd have to remove it." This is not obvious to me. Could you provide a reference which shows that it is legally possible to restrict resale in this way? The principle of first sale seems relevant here. – Philip Kendall Jun 11 at 5:50
  • Why would athletes not want their autographs to be resold? – Ginge Jun 12 at 1:01
  • @PhilipKendall Yes ebay.com/help/selling/listings/creating-managing-listings/…. "To make sure eBay is a safe place to buy and sell, sometimes we have to remove listings. We'll only remove a listing for one of the following reasons: It violates one of our policies It violates a law The rights owner of the item requested it be removed It's been active on the site for a year or more without any sales" – Randy Zeitman Jun 12 at 1:57
  • @Ginge Because if they were provided a a personal memento then they were not intended to be resold. – Randy Zeitman Jun 12 at 1:58
  • I'm voting to close this question as off-topic because it's predicated on a specific interpretation of copyright law which is not obvious. The copyright question is interesting but not one for Sports SE. – Philip Kendall Jun 12 at 2:50
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They don't do this because it would have absolutely no legal effect, and neither the item's owner nor a marketplace provider would have any obligation to remove it from sale.

This is a long-established principle, for example enshrined in the United States of America as the first-sale doctrine, in the European Union by a range of (less absolute) directives and precedent, and in other jurisdictions under similar regulations.

  • I'm not 100% sure the first sale doctrine applies here. While I agree the situation seems closer to UMG vs. Augusto than Vernor vs. Autodesk, do you have anything you can cite to support this? – Philip Kendall Jun 11 at 7:57
  • "People are allowed to sell their own property" is a long-standing common law precedent, and often transferred to civil law as well, but finding references that broadly show this wasn't easy enough at the time. – Nij Jun 11 at 19:20
  • "To make sure eBay is a safe place to buy and sell, sometimes we have to remove listings. We'll only remove a listing for one of the following reasons: It violates one of our policies It violates a law The rights owner of the item requested it be removed It's been active on the site for a year or more without any sales" You would seem to be saying that a seller can't dictate how something purchased is to be used? That's like saying if I buy a song I can re publish it because it's now mine. – Randy Zeitman Jun 12 at 1:59
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    There's a whole mess of contract and related law that you're mixing up, @RandyZeitman, these comments really aren't the place to sort them out. Go read the contract tag on Law SE, for example, where much of your misunderstanding has been covered by some reasonably expert users in good depth. – Nij Jun 12 at 3:26
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    Because the law doesn't say they can, or the law explicitly says they can't, unless it does, until it doesn't, depending on where you are and when it happens and who does what in each. If you have to ask why the law is relevant and don't see why it's not simple at all, that's the entire problem. So go and read what experts can say and why. – Nij Jun 12 at 4:34

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