Those are interesting points. But one might consider more than just undercutting company sales. Coach might not care for distribution of its cartouche logo, aka the brand, in this manner. The point is, who is it up to decide?
As far as finding out if Coach is fine with this, one who would like to copy vintage catalogue images for sale, would only need to request a written agreement from Coach, as noted on their website.
Yup, interesting conversation!
I'm not saying that the company would like the sale of digitized vintage catalogs. They wouldn't agree to it. It'd be up to a court to decide about distribution and fair use. However, things like this rarely get that far. The annoyed company will send a cease and desist letter, and the other company or individual will just stop. I'd really like to see a decision on something like this.
Personally, I feel that people who want to collect vintage items should be able to access the information from vintage catalogs.
Since AFAIK there's never been a test case, we may never know. Which is fine with me. But over the years we've seen Coach (and plenty of other companies too) try really pissy intimidation tactics to "protect" their market and what they claim are their legal rights, so after all these years, not much would surprise me. Let the lawyers thrash it out in the courtroom if it comes to that. Since the sale of old digitized catalogs has no provable economic impact on Coach, I doubt if a judge would waste much time on it.
Meanwhile I'll just browse through the trademark and copyright pages at www.tabberone.com (speaking of intimidation tactics) and try to figure out what would happen, if anything. But that can wait until tomorrow.
There are literally hundreds of cases where courts have protected copyrights. Hundreds and hundreds and hundreds. I understand you may want to access the catalogs, but the seller is profiting off Coach's copyright. Coach spent thousands of dollars producing those catalogs and the pictures and copy in those catalogs. Copyright law makes it illegal for someone else to profit from that effort.
Think about pictures you produce to sell your bags on eBay. You take effort to produce those images. Imagine someone else stealing those pictures and then selling them for profit. You wouldn't be happy about that, would you? That is what copyright law is designed to protect.
I am fascinated by this conversation, I am no lawyer either but my pictures have been used by others on Ebay and they have been taken down when I reported them, same on Mercari, I definitely was not happy.
And regarding Coach..... I recall the time I was part of the Fan Club of a very famous rock band. Some people were taking pictures at the concerts and then selling them, they claimed they were "their pictures" because they took them, but this band had their name and image copyrighted, so it was a no go, the pictures were taken down by Ebay. So wouldn't be with Coach a similar thing here? Simply that simple? LOL
LOL, right! Nothing is simple in copyright law (or any other area of the law). There are always gray areas. Hence, the legal profession, to argue and decide all the shades of gray.
For example, are the catalogs in the public domain? Coach's rights to their old paper catalogs may have expired, been forfeited, waived, or may be inapplicable.
Did the person who scanned and organized the old catalogs get permission from Coach to scan the catalogs for their personal use? Are they entitled to share their work product with Coach fans? Are they allowed to be compensated for their time?
I don't know. Hence, lawyers.
As consumers, our interest in vintage Coach probably doesn't "amount to a hill of beans in this crazy world" (Casablanca, 1942, Warner Bros. Pictures, Inc., quoted under fair use doctrine) as far as Coach is concerned. If Coach cared about digitized images from their old catalogs being propagated on USB drives embedded in plastic bracelets, they would have sent the seller and eBay cease and desist notices by now. For that matter, they could digitize and distribute the old catalogs themselves if they thought it would benefit them.