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  #1  
Old 05-31-2005, 10:55 AM
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Join Date: May 2005
Posts: 1

Possible Copyright Infrigement. Help!!!!


What is the name of your state? IL

I bought some books from a website for and sold them for double the price on Ebay. I created my own text, but I did use the website I bought the book from picture. The legal division of the publisher of the books, which has a different website that you can order these particular limited books from, contacted me and sent me various threatening emails stating that I am infringing upon their copyrights by selling their books without expressed written permission and that I owe them for copyright infringement of their books. They are stating that these books are controlled intellectual property that has a strict distribution license and requirement from any reseller. However, they also stated, “Of coarse if you sell your book that you purchased as an individual you can sell”. They are thinking that I am operating as a business because I stated that I had 4 available on my listing. Even though I keep telling them I am not, they keep saying that I owe them money. In addition, even one of their reps said that I could sell my books as an individual, which I am. These are my property that I paid for. They asked me to take down my listing, which I did after they threatened to leave negative feedback form me because they purchased one of my books. They were also going to report it to Ebay. They keep harassing me asking for my information. They already have my fill name and address. Even Ebay states, “Under the copyright laws, the owner of a particular copy of a copyrighted work is generally entitled to resell the particular copy they own.” I knew that the books were copyrighted like most books, but many people sell books on ebay and no where on the book nor on the website did it say that I could not resell it. Do they have a case? Am I doing anything wrong? THANKS IN ADVANCE!!!
  #2  
Old 05-31-2005, 03:11 PM
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Join Date: Jul 2002
Location: Bay Area, CA
Posts: 7,586
Quote:
Originally Posted by 1000wordz
What is the name of your state? IL

I bought some books from a website for and sold them for double the price on Ebay. I created my own text, but I did use the website I bought the book from picture. The legal division of the publisher of the books, which has a different website that you can order these particular limited books from, contacted me and sent me various threatening emails stating that I am infringing upon their copyrights by selling their books without expressed written permission and that I owe them for copyright infringement of their books. They are stating that these books are controlled intellectual property that has a strict distribution license and requirement from any reseller. However, they also stated, “Of coarse if you sell your book that you purchased as an individual you can sell”. They are thinking that I am operating as a business because I stated that I had 4 available on my listing. Even though I keep telling them I am not, they keep saying that I owe them money. In addition, even one of their reps said that I could sell my books as an individual, which I am. These are my property that I paid for. They asked me to take down my listing, which I did after they threatened to leave negative feedback form me because they purchased one of my books. They were also going to report it to Ebay. They keep harassing me asking for my information. They already have my fill name and address. Even Ebay states, “Under the copyright laws, the owner of a particular copy of a copyrighted work is generally entitled to resell the particular copy they own.” I knew that the books were copyrighted like most books, but many people sell books on ebay and no where on the book nor on the website did it say that I could not resell it. Do they have a case? Am I doing anything wrong? THANKS IN ADVANCE!!!
They might have a case for your unauthorized use of the pictures of the book from their website, but that's it. First sale doctrine protects you from anything else -- once a retail sale has been made, the publisher may no longer control the distribution of the particular book in question.
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