Buy / Sell / Swap Guidelines

Discussion in 'PropertyChat Community & Website' started by Simon Hampel, 6th Sep, 2019.

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  1. Simon Hampel

    Simon Hampel Founder Staff Member

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    UPDATE: the Buy/Sell/Swap section has merged with the Property For Sale section to create a new Marketplace section. Please refer to the Marketplace Guidelines for more information.

    This is strictly for non-commercial trading of items.

    Rules for people posting listings:
    1. You must be a paid member (Premium or Business) to list goods for sale
    2. You must be prepared to answer any and all (reasonable) questions from our members. Failure to do so may result in the post being removed.
    3. All postings will be subject to moderator approval before becoming visible to other members.

    Rules for members reading listings:
    1. Do your own due diligence - we cannot check every member or listing made and take no responsibility for erroneous or misleading information.
    2. If you suspect something dodgy, report the post to the moderators using the Report link
    3. You may ask genuine questions, but this is not a discussion area - save your opinion for other threads.
    These are interim guidelines - we'll see how things go and may need to adjust them as required.
     
    Last edited: 18th Feb, 2020
    Redwing likes this.
  2. 1961

    1961 Member

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    Hi,

    I just wanted to ensure I am allowed to list my old property courses here?

    Thanks
     
  3. Simon Hampel

    Simon Hampel Founder Staff Member

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    Sure thing - provided that they are genuine (not pirated). You'll also need to be a premium member to post.
     
    1961 likes this.
  4. Ted Varrick

    Ted Varrick Well-Known Member

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    Hi Sim,

    As a long term poster, so maybe in breach of Point 1, I would like to link a For Sale item that is non-commercial, and Point 3 seems entirely reasonable.

    I can PM you with more detail if required, as it relates to an Estate matter.

    Please advise.

    TV.
     
  5. Simon Hampel

    Simon Hampel Founder Staff Member

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  6. beachgurl

    beachgurl Well-Known Member

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    Careful with selling of course materials. Some spruikers have staff especially to monitor second hand selling and try to have their ads removed
     
  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    The Copyright Act 1968 automatically imposes a copyright to the publisher of words (and music and images) and no registration or register etc is required. Assume words are not capable of sale (or use) without permission of the owner. But loads of people do it without paying - eg second hand text books or PDF books for uni.

    Images are often subject to copyright and entities like Getty and others who make a professional living from pursuing breaches make a mint by pursuing unlawful use and demanding a (very) high fee.
     
  8. Simon Hampel

    Simon Hampel Founder Staff Member

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    Actually, if you are dealing with physical copies of items and not reproducing them digitally or otherwise, then you are quite within your rights to resell them in Australia - there is no breach of copyright.

    However, if you are dealing with digital material, then you are likely to be reproducing it (rather than handing it on as with physical mediums), and electronically communicating it - both of which are exclusive rights of the copyright owner.

    Interestingly, "artistic works" such as paintings is an exception to the "physical copies" point above there are resale royalties which may apply to the second commercial sale of such items.

    Reference (Australian Copyright Council): Selling Copyright Material

    So anyway - to be more explicit about what is acceptable here on PropertyChat:
    1. you may list physical original/legal copies of items for sale - eg physical books and coursework and original CDs / DVDs / etc provided that you have not retained copies for your own personal use
    2. you may not list digital reproductions of items for sale under any circumstances
    For example, if I purchased a printed (physical) copy of Dale Gatherum-Goss's book "Tax Battles" - it would be acceptable for me to list it here for sale.

    It would NOT be acceptable for me to list a photocopy or scan of it for sale - that would be a breach of copyright.

    If I purchased a PDF version of a book (delivered via download), it would NOT be acceptable for me to list it here for sale.

    If I purchased coursework which was delivered via commercial CD or DVD, it would be acceptable to list those physical CDs or DVDs for sale. It would generally NOT be acceptable to list a USB stick or other digital medium - since it is difficult to identify whether it was commercially produced and not simply digitally copied.
     
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  9. Scott No Mates

    Scott No Mates Well-Known Member

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    If I sold the device with the software loaded, would that be acceptable?
     
  10. skater

    skater Well-Known Member

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    I didn't know we had a buy/sell/swap section.
     
  11. Simon Hampel

    Simon Hampel Founder Staff Member

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    Digital media in any form is problematic.

    If you have software loaded and original physical media which was used to install it and the OS (ie not digital download and nothing else on the machine), then I think it would be reasonable.

    A tablet with anything loaded on it beyond the factory default software would be problematic.

    An ebook reader with an ebook loaded would be problematic.

    An mp3 player with music loaded would be problematic.
     
  12. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    with digital media you are getting a licence to view the product, generally. This is a personal licence that doesn't allow assignment. Some digital assets cannot be passed on via a will. I believe this is the case with Apple stuff and recall reading a situation where some celebrity died with about $40,000 worth of music 'purchased' unable to be passed on. The right to listen to it died with its owner.
     
  13. KinG3o0o

    KinG3o0o Well-Known Member

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    me too
     

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