... response:

#1 son says that there is no question that the use, without the permission of the copyright holder, of a picture (however reproduced) of a chip in a catalog or price guide sold for profit is a copyright violation. Ditto use on a commercial website. (Note that this does not include reproduction of a chip which is itself being offered for sale.)

Mattel routinely sends cease and desist letters regarding such catalogs and websites if the authors have not obtained permission to reproduce Mattel products (which permission is routinely granted upon request).

Regarding other collectibles, no permission is needed for stamps or coins, as the government has no copyright in the images. Doug thinks, without having checked on it, that trading card guide publishers (notably Beckett) probably have permission from MLB, the NFL, the NBA and the NHL to reproduce the trading cards (copyrights for all such items are held by the leagues or the player's associations rather than the individuals players, so obtaining consent is relatively simple). Other major companies (Disney, Coke, Jack Daniels, etc.) almost certainly license the catalogs of their collectibles.

He says that, if he were counsel to a casino (or chip manufacturer), he would advise them to require anyone who wants to use images of chips, casino logos, photos or any other artistic representation to obtain permission (that is, a license to use the copyrighted material) or to cease and desist doing so. That would include the authors and publishers of chip guides/catalogs.

None of this is to express any opinion (mine or his) as to what, if anything, chip guide authors and publishers should do about this -- that "sleeping giant" thing still may still be the best approach.

BTW, how is it possible that someone who was in kindergarten when I started practicing law got to know so much more than I do about this legal subject?!

----- jim o\-S