Legal Question in Intellectual Property in California

Allowed to resell books?

I have about a dozen books that were provided to me as part of a test preparation course. On the first page of each book, it is stated that I am not allowed to resell them. The books contain mostly practice questions, along with test taking strategies.

Is it true that I cannot legally resell these, or is this more of a scare tactic? Thanks for any insight.


Asked on 7/20/04, 2:10 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Allowed to resell books?

Normally you are allowed to resell books. But if you signed a contract when you signed up for the course, you may have agreed otherwise.

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Answered on 7/29/04, 11:23 am
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Allowed to resell books?

That condition was not likely communicated to you prior to purchase. As such, you can't be bound by it. Furthermore, it's probably an unlawful restraint of trade anyway.

Even if the restriction WAS an enforceable term, the damages you'd be exposed to would be speculative and quite limited.

I would probably sell them. I would probably write the company a letter after I sold them and tell them that I sold them just to see what they would do. I don't like merchants who try to throw their weight around too much.

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Answered on 7/20/04, 3:54 pm


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