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Physically altering copyrighted material.

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Jayplac

Member
What is the name of your state? A book has been manufactured under two separate titles, but the content is the same. Book 'A' has an undesirable cover. Can you remove the contents from book A and pass it as book B? Is this an infringemtns on book 'B's copyright?
 


Zigner

Senior Member, Non-Attorney
In other words, you're asking if it's ok to steal someone else's work and slap a new cover on it.
 

quincy

Senior Member
What is the name of your state? A book has been manufactured under two separate titles, but the content is the same. Book 'A' has an undesirable cover. Can you remove the contents from book A and pass it as book B? Is this an infringemtns on book 'B's copyright?
Are you the author of this book? Does a publisher hold copyrights in the work (right to reproduce text, distribute text)? Who selected the covers and do the creators of the covers hold rights?

If you are NOT the author or holder of any rights, messing with the book without authorization can be infringement, subject to a cease and desist, a demand for compensation, a lawsuit.
 

Jayplac

Member
Virginia. For clarification: I'm not altering the contents. I'm not reproducing a cover. I want to remove the cover and replace it with a clear plastic cover.
 

Zigner

Senior Member, Non-Attorney
Virginia. For clarification: I'm not altering the contents. I'm not reproducing a cover. I want to remove the cover and replace it with a clear plastic cover.
Is this your own book used for your own personal use, or do you intend to sell versions that have been so modified?
 

Jayplac

Member
Thanks for your reply, Quincy. I hate to get knitpicky... but... you said 'should not'. I don't want to confuse this with 'cannot'.

Example: A special edition book is for sale on Amazon. The only thing making the special edition special is the cover. Not all sellers are invited to sell this edition. A seller who is not allowed to sell the edition... Can that person remove the cover to the special edition and sell the book under it's normal listing or are they stuck with a book which can't be sold?
 

quincy

Senior Member
Thanks for your reply, Quincy. I hate to get knitpicky... but... you said 'should not'. I don't want to confuse this with 'cannot'.

Example: A special edition book is for sale on Amazon. The only thing making the special edition special is the cover. Not all sellers are invited to sell this edition. A seller who is not allowed to sell the edition... Can that person remove the cover to the special edition and sell the book under it's normal listing or are they stuck with a book which can't be sold?
Coverless books or books that are altered cannot be sold - although you might find some coverless books for sale at yard sales.

There are several reasons for this but one reason is that booksellers (like Barnes & Noble) must tear off book covers of unsold books and return these covers to the distributor for credit. The coverless books must be destroyed. To sell a coverless book or a book that has been altered violates the rights of those who hold these rights.
 

Jayplac

Member
Well, yes. I'm not going to argue with that. That's a copy which has in essence been stolen. On the other hand, that seems (to me at least) to be a violation of a business agreement between B&N and the publisher and has less to do with copyright law.

My question pertains to a legally owned copy.
 

Zigner

Senior Member, Non-Attorney
Well, yes. I'm not going to argue with that. That's a copy which has in essence been stolen. On the other hand, that seems (to me at least) to be a violation of a business agreement between B&N and the publisher and has less to do with copyright law.

My question pertains to a legally owned copy.
You received your answer. You are free to consult with a local attorney.
 

quincy

Senior Member
Well, yes. I'm not going to argue with that. That's a copy which has in essence been stolen. On the other hand, that seems (to me at least) to be a violation of a business agreement between B&N and the publisher and has less to do with copyright law.

My question pertains to a legally owned copy.
I recommend that you do not sell an altered copy of a book.

It can be important to remember that no one but you knows it is a legally purchased copy. By changing the cover, copyright holder(s) may think you are employed by a book store or raiding book store dumpsters, trying to profit off discarded books.
 

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