Selling copyrighted books.

[Greens18]

What is the name of your state (only U.S. law)? Pennsylvania

I am planning on hosting a website soon where I purchase physical hardback/softback/paperback/etc books and than sell them online or to other 3rd parties. What are the laws in regards to selling physical books online whether it be in the USA or outside the US. I tried looking at the book of congress with little success. Thanks!

 

[The Occultist]

Look up "First-Sale Doctrine", and I'm sure you'll find all the information you need.

 

[Greens18]

Look up "First-Sale Doctrine", and I'm sure you'll find all the information you need.

I am familiar with the First-Sale Doctrine however dose this apply to all retail books or only books opt in under this doctrine?

 

[The Occultist]

It refers to anything and everything. If you obtained it legally, as long as you don't make a single copy whatsoever, and you do not alter said copy so that it retains a material difference, you may sell or otherwise give away your legally obtained copy.

 

[The_Saint]

Look for any selling restrictions printed on the book. If it has "not for sale in the USA" or something to that effect don't sell it unless you want to get sued.

 

[Greens18]

I appreciate your replies on this matter. You have helped me out greatly. If anyone has anything more to note on the subject that would be great.

 

[The_Saint]

It would probably help if you mentioned what type of books you were talking about, and where they are printed.

 

[Greens18]

It would probably help if you mentioned what type of books you were talking about, and where they are printed.

Any book you could find at your local library, amazon.com, or in otherwords any book ever published into the public domain.

I would however put a ban in my ToS that books related to hate (racial, sexist, etc), terrorism (pipe bombs, drugs, etc), child porn, criminal acts or other similar topics not to be handled in anyway. Haha I bet this post gets reviewed by the admin due to it containing pretty much all the topics scanned for deletion.

 

[Mass_Shyster]

Any book you could find at your local library, amazon.com, or in otherwords any book ever published into the public domain.

I would however put a ban in my ToS that books related to hate (racial, sexist, etc), terrorism (pipe bombs, drugs, etc), child porn, criminal acts or other similar topics not to be handled in anyway. Haha I bet this post gets reviewed by the admin due to it containing pretty much all the topics scanned for deletion.

Note: public domain has a particular meaning, and I don't think you are using the term correctly.

The biggest problems I've seen that book resellers have occurs when they buy books overseas and sell them in the USA. The publishers have deals with overseas printers and publishers where they'll allow the books to be printed and sold for a much lower price than is available in this country. Someone will buy up a load of these books and sell them in the US. I believe these sales are specifically excluded from the first sale doctrine.

 

[Greens18]

Note: public domain has a particular meaning, and I don't think you are using the term correctly.

The biggest problems I've seen that book resellers have occurs when they buy books overseas and sell them in the USA. The publishers have deals with overseas printers and publishers where they'll allow the books to be printed and sold for a much lower price than is available in this country. Someone will buy up a load of these books and sell them in the US. I believe these sales are specifically excluded from the first sale doctrine.

Wouldn't it contain a restriction printed inside the book such as "retail sale only in Germany". As for the "public domain" context that I used. I am referring to any book that you can readily purchase or have access to without the need of some sort of authorization.

 

[Mass_Shyster]

Wouldn't it contain a restriction printed inside the book such as "retail sale only in Germany".

Not if someone took a razor to that page.

As for the "public domain" context that I used. I am referring to any book that you can readily purchase or have access to without the need of some sort of authorization.

That's not what it means. According to Black's Law Dictionary:

Public Domain: (3) Intellectual Property The universe of inventions and creative works that are not protected by intellectual property rights and are therefore available to use without charge.

 

[Greens18]

Not if someone took a razor to that page.



That's not what it means. According to Black's Law Dictionary:

Ok take the "public domain" part out of my post above. Just any physical book whether it be paperback, hardback, softback, etc. If I received a book that appears to have been tampered with I will either dispose of said book or donate it... tax write-off.

 

[The Occultist]

For those that feel one cannot sell international textbooks in the US, even if they contain the warning that they cannot, do a search for "gray market textbook". The gray market is legal, and I believe you will find that the purchase of textbooks in such a manner is legal.

I'm still waiting on Div to stop by to correct all of us, but in the meantime I suggest doing a search on this site for "international textbooks" and finding any posts that Div has made on the subject, as I wouldn't be surprised if he has already exhausted all the information needed on this subject.

 

[Greens18]

For those that feel one cannot sell international textbooks in the US, even if they contain the warning that they cannot, do a search for "gray market textbook". The gray market is legal, and I believe you will find that the purchase of textbooks in such a manner is legal.

I'm still waiting on Div to stop by to correct all of us, but in the meantime I suggest doing a search on this site for "international textbooks" and finding any posts that Div has made on the subject, as I wouldn't be surprised if he has already exhausted all the information needed on this subject.

Alright, thanks for the advise. I will post any findings here. This is all preliminary of course. I will hire a lawyer before I go live. I have my coders round the clock making secure yet small php/html scripts. Already got the copyrighting done, filled out my trademark papers, and working on finding an artist for a logo.