Copyright and Right of First Sale

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

I am an author, not a particularly well known author, but I'm trying to get there.

I have self published works on many major sites, the titles are considered self-published, and I retain all copyright. In this instance the book manufacturer is called Createspace. My only agreement with that company is to sell on their own site and Amazon.com. Indeed they are wholly owned by Amazon and for distribution anywhere else I'm required to opt-in and pay a fee. I have not done this for any title.

I also sell my titles as e-Books. I was surprised to find a copy of my paperback then listed today on Barnes and Nobel. My first though was surprise, but hey, it can't hurt right.

The listing is blank. It's completely unprofessional, there is no cover image, there is no product description, just a listing for one of my novels priced at over $40! Hey I'm not THAT good

Investigation revealed that the book is being 'resold' by a company called Stork Media. Stork Media, of Phoenix MD does not seem to actually exist in any tangible way. Indeed the only way I found to contact them is via Amazon.com. Amazon won't even give me a real e-mail address, all mail must go through them.

Stork Media has thousands of titles for sale at enormous prices on Amazon. Pretty amazing for a company that doesn't exist.

When I contacted the company and asked them to stop distributing my copyrighted material without permission they claimed to have "Right of First Purchase". Even though they list my work as new, they claim to have purchased it (retail I suppose) and are just reselling it.

Now I wasn't born yesterday. What they are doing is listing my book in a place it wasn't previously available, charging an enormous fee, then, if they do get a sale, they purchase the book and ship it to a customer.

To me that makes the "First Sale" the transaction between them and the consumer when they collect the proceeds, before buying the book after the fact and shipping it.

Honestly if they charged a fair price and professionally advertised my work I'd just let it be. They refuse, however, to take any responsibility for the listing of the work on major retail sites. They referred me back to Barnes and Nobel and said I was responsible for the listing! I didn't put it there, they did.

Anyway, how to stop this madness? I'm sure this company (or more likely individual) is doing the same with thousands and thousands of titles.

Thanks!

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

They are allowed to buy books retail, mark them up, and resell them.
Your options are to protest any non-fair use copyright infringement of the book descriptions, photos, etc.. that they have lifted from other authorized sites. You can also try to thwart their ability to buy book from your sellers.

Of course if you have your book listed at the retail price other places, people would be really stupid if they pass up one online price for a much more expensive one.

Yes, but....

The real question here is: are they allowed to market and sell your copyrighted material before they purchase it?

Right of First Sale seems to indicate that once having obtained a legal non-infringing copy it's OK to resell it.

That is not what this company (or individual) is doing. They are plastering these type of listings by the thousands all over major sites. There is no company, there is no warehouse, there are no purchased or legally obtained items.

The key here is the the first sale is made by the third party vendor to the customer. THEN the vendor purchases the material retail and ships it.

So the key first sale is made by the vendor who hasn't yet legally obtained a copy of the work.

It could be difficult to prove that the company in question has not first legally purchased a copy of your book and is simply reselling it, which is legally allowable under the First Sale Doctrine. Once a work is legally purchased, the purchaser is pretty much allowed to do whatever they want with it (short of copying it or infringing on any other of the copyright holder's exclusive rights).

But I agree with you, what they are doing seems a bit questionable. This could potentially border on false or deceptive advertising. The site could lure customers in with the promise of a large stockpile of books for sale, and this stockpile of books may or may not in reality exist. The site could possibly mislead customers or deceive customers into thinking your book normally sells for $40.00 or that the $40.00 price is a bargain, which could potentially drive customers away from your book due to its high cost. I suppose there could be some dilution in the value of your book if the presentation of your book on the website is poor.

But all of this may be stretching things a bit far.

After a very brief look at the book site, it appears that several of the volumes, not only yours, are listed substantially higher than the normal retail value of the same books. I came away from the site mostly curious about what sort of customer would pay these inflated prices when a simple comparison shop reveals much lower prices elsewhere.

At any rate, while on the face of it this seems a little shady, I am not sure it is. I am also not sure how financially worthwhile this would be for you to pursue legally (if, again, there is anything for you to pursue legally). You may wish to review the facts with an attorney in your area who might be able to determine this better.

Good luck with your book sales and writing career.

not so difficult to prove "stork media" did not purchase a copy

It is not so difficult to prove that "stork media" did not purchase a copy.
When you sell books via createspace/amazon, they provide seller's city. check whether there is any buyer from Phoenix, Maryland. If not, ask/demand amazon/createspace to respond whether "stork media" actually purchased your book. then request B&N to remove the list.

createspace responds irresponsibly, e.g. you will get royalties when they sell your book. they did not care whether "stork media" actually purchased or not. you need to let their executives know and follow copy right laws.

also check"
langstoninfo.com
langstoninfo.co.uk
flipkart.com

they all violate copyright laws, and hide company info.

quincy said:

It could be difficult to prove that the company in question has not first legally purchased a copy of your book and is simply reselling it, which is legally allowable under the First Sale Doctrine. Once a work is legally purchased, the purchaser is pretty much allowed to do whatever they want with it (short of copying it or infringing on any other of the copyright holder's exclusive rights).

But I agree with you, what they are doing seems a bit questionable. This could potentially border on false or deceptive advertising. The site could lure customers in with the promise of a large stockpile of books for sale, and this stockpile of books may or may not in reality exist. The site could possibly mislead customers or deceive customers into thinking your book normally sells for $40.00 or that the $40.00 price is a bargain, which could potentially drive customers away from your book due to its high cost. I suppose there could be some dilution in the value of your book if the presentation of your book on the website is poor.

But all of this may be stretching things a bit far.

After a very brief look at the book site, it appears that several of the volumes, not only yours, are listed substantially higher than the normal retail value of the same books. I came away from the site mostly curious about what sort of customer would pay these inflated prices when a simple comparison shop reveals much lower prices elsewhere.

At any rate, while on the face of it this seems a little shady, I am not sure it is. I am also not sure how financially worthwhile this would be for you to pursue legally (if, again, there is anything for you to pursue legally). You may wish to review the facts with an attorney in your area who might be able to determine this better.

Good luck with your book sales and writing career.

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first sale doctrine - overseas

I understand there is NO "first sale doctrine" defense for books purchased overseas.

1. If a buyer purchased a book in US, then sells it as a NEW book in overseas websites, e.g. langtoninfo or flipkart, can he use "first sale doctrine" defense?
2. If a buyer purchsed a SINGLE copy, then sells/offers volume discount (e.g. over 20 books), can he use "first sale doctrine" defense?
3. does reseller violate copyright laws if he uses pictures from createspace/amazon?

Again, illegall, it may be difficult to prove Stork Media does not have a legally purchased copy of EzzyBlack's book for sale on their site.

You have to trace not only the original sale, which may have been to, say, a Mr. X, but you also have to trace any sale this Mr. X may have made, say, to Stork Media. Stork Media says it sells both new and used books.

Now, if EzzyBlack has never sold any books at all, it could be easy to show Stork Media does not have a legally purchased copy to sell. But if Ezzy has sold any copies of the book, what happens with the books after the sale can be entirely random. They can be loaned to friends, sold at garage sales, given to libraries, sold to Stork Media. . . .

Your last statement is a bit of a broad one, by the way, and should probably not be made without proof of the truth of the statement.

Also, as a note, the copyright laws in the UK vary in some significant ways from the copyright laws in the U.S. This site handles U.S. law questions only. Also, if you wish to have questions answered of your own, it is preferred that you start your own thread instead of tacking your questions onto the thread of another. But the answer to all of your questions is yes. Thanks.

I was able to prove, so EzzyBlack should be able to.

Many lawyers stop answering legal questions with factual what-if's, e.g. you do not know whether "stork media" purchased a copy or not. "stork media" is selling over 4000 books, and EzzyBlack is not the only victim.

I am not asking factual questions to lawyers. If lawyers can focus on legal answers, it would help a lot for non-lawyers to deal with facts.


I understand there is NO "first sale doctrine" defense for books purchased overseas.

1. If a buyer purchased a book in US, then sells it as a NEW book in overseas websites, e.g. langtoninfo or flipkart, can he use "first sale doctrine" defense?
2. If a buyer purchsed a SINGLE copy, then sells/offers volume discount (e.g. over 20 books), can he use "first sale doctrine" defense?
3. does reseller violate copyright laws if he uses pictures from createspace/amazon?

quincy said:

Again, illegall, it may be difficult to prove Stork Media does not have a legally purchased copy of EzzyBlack's book for sale on their site.

You have to trace not only the original sale, which may have been to, say, a Mr. X, but you also have to trace any sale this Mr. X may have made, say, to Stork Media. Stork Media says it sells both new and used books.

Now, if EzzyBlack has never sold any books at all, it could be easy to show Stork Media does not have a legally purchased copy to sell. But if Ezzy has sold any copies of the book, what happens with the books after the sale can be entirely random. They can be loaned to friends, sold at garage sales, given to libraries, sold to Stork Media. . . .

Your last statement is a bit of a broad one, by the way, and should probably not be made without proof of the truth of the statement.

Also, as a note, the copyright laws in the UK vary in some significant ways from the copyright laws in the U.S. This site handles U.S. law questions only. Also, if you wish to have questions answered of your own, it is preferred that you start your own thread instead of tacking your questions onto the thread of another. But the answer to all of your questions is yes. Thanks.

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If you are not looking for factual answers, illegall, then I respectfully suggest that you find a site that will provide you with fanciful answers.

And, once again, you are adding your own questions to this thread instead of creating your own thread (and all of the answers to these questions were already provided). Please don't do that. Thank you.

I will consider you do not have answers. thanks

I will consider you do not have answers. "it is difficult to prove" is something anybody can answer.
thanks

quincy said:

If you are not looking for factual answers, illegall, then I respectfully suggest that you find a site that will provide you with fanciful answers.

And, once again, you are adding your own questions to this thread instead of creating your own thread (and all of the answers to these questions were already provided). Please don't do that. Thank you.

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You're welcome, illegal.

On an end note, everything in law depends on the specific facts presented in any one legal situation. No good attorney will give you an absolute answer to your questions without reviewing all of the facts of your situation first.

You can get from an advice forum legal facts that you may be able to apply to your specific concerns, and perhaps some suggestions and direction.

For any answers specific to your own particular legal issues, however, you must seek out the advice of an attorney from whatever part of the world you may reside.

I can tell you that your original assumption, upon which you are basing whatever argument it is that you are trying to make here, is an incorrect one.

Now, do you think you can start your own thread with your questions? Do you need directions on how to start your own thread?

And thank you in advance, illegall, for following the rules on this site.

Not fair to remove, because you cannot answer, layman!

Not fair to remove, because you cannot answer, layman!
________________________________________
You just REMOVED because you cannot answer this:


Which court rejected “first sale doctrine” defense when an Indian purchased a US book in India and sold in US ? What was the legal basis ? What is case name?

Ha. You are persistent if nothing else, illegall.

I would be very happy to answer those questions, and any other questions you may have about the first sale doctrine or whatever, and I would even be willing to debate with you a few things when time allows. However, as I think was indicated to you more than once yesterday, none of this will be done until you start your OWN thread and ask the questions there.

There are several people on this forum who are well-versed in copyright and trademark law. Any one of them may be interested in participating in a discussion with you on this (there is, for instance, a new ruling in the 2nd Circuit that is on point and interesting, as it conflicts with an earlier 9th Circuit ruling).

BUT, unless or until you start your own thread, you will probably find your questions go unanswered. In addition, you will probably find any pestering on this issue causes your posts to be deleted.

Thank you in advance for following the rules of the forum, illegall.