Legal Question in Intellectual Property in Pennsylvania

Selling copyrighted material

I would like to know if it is possible to sell a children's book (bought wholesale) and package it with accessory items and then resell to the public (i.e., packaging ''Bob the Builder'' book with a child's wooden toolbox)? Could the whole package be sold under a different name such as ''Tool Box Book Set''?


Asked on 6/19/07, 9:53 pm

2 Answers from Attorneys

Daniel Pepper Pepper Law Group, LLC

Re: Selling copyrighted material

No, this would be a violation of the publisher's copyright, unless you receive the express written permission to do so from the publisher.

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Answered on 6/19/07, 10:11 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Selling copyrighted material

Your issue is not one of copyright as the "first sale doctrine" would protect you from a copyright claim. You may have problems with trademark and trade dress issues and unfair competition claims that can get a bit complicated. For example, if your tool box set confuses a consumer as to origin of the goods (e.g., Jane Smith thinks your tool box kit is from the same author/publisher of Bob the Builder, you may very well have problems. See a good trademark attorney.

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Answered on 6/19/07, 10:32 pm


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