Legal Question in Intellectual Property in California

Are there any laws that protect self published books from being resold on book websites that have no affiliation with the writer/publisher?


Asked on 1/13/10, 11:05 pm

2 Answers from Attorneys

Gordon Firemark Law Offices of Gordon P. Firemark

As long as the copy that's being resold was obtained lawfully, no.

Copyright law has a "first sale doctrine", which grants the copyright owner the right to make and sell copies the first time... But the purchaser of a copy is free to re-sell it, thereafter.

That doesn't mean the purchaser can make new copies... only sell those that have been lawfully obtained.

Software manufacturers have tried, with some success, to characterize their 'sale' of the software as a License, rather than an outright sale of a copy.. but I'm not aware of any similar success with books.

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Answered on 1/19/10, 11:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Mr. Firemark is an expert in this field, and I enjoy and respect his answers. In this case, one think is missing, however -- you didn't say, and he assumes, that you filed for and obtained a copyright. If you didn't, that would seriously undermine your position for attacking resales that were essentially re-printing or publishing on line.

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Answered on 1/20/10, 7:18 pm


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