Legal Question in Intellectual Property in California

Copyright and selling internationally on the Internet

I am publishing a book compiled of extracts from other works and am seeking permissions from other publishers. They usually specify the "territory" within which one can "distribute" the work, for example "US, Canada & Philippines" only. I am based in California, and the books will be located and mailed only from this location, but I plan to market the book on the Internet. This could well generate sales in other english-speaking countries (Europe, Australia etc.). Does the publishers' restriction apply to the place from which ones sells the books, or the places where one sells to? This makes a great difference as to how many permissions one needs to get (just USA or other countries too), & hence the time & costs involved.


Asked on 8/17/99, 11:26 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Copyright and selling internationally on the Internet

Taking orders from England (or other country outside your prescribed territory)and sending books to England would likely violate a territorial distribution agreement that does not include England. The normal solution is to sell to someone in the USA(a reseller) and that person fills the European order without any involvement, knowledge or participation on your part. This is the so-called "gray market."

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Answered on 8/20/99, 12:42 pm


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