Legal Question in Intellectual Property in California

reselling books

Can I buy books at a store and then make them a part of a gift package to sell and ship out to customers? Basically, can I buy and resell books for profit?


Asked on 12/04/05, 2:54 pm

2 Answers from Attorneys

John Mitchell Interaction Law

Re: reselling books

Absolutely, Congress actually made this concept clear in enacting Section 109 of the Copyright Act, which states in part that "Notwithstanding the provisions of section 106 (3) [the exclusive right of distribution], the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord."

One of the objectives of copyright law is to encourage the broadest possible dissemination of works. Library lending, gifts, resales of new and used copies, and video rental are all examples of lawful ways in which lawfully made copies can reach a greater audience.

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Answered on 12/12/05, 2:07 pm
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: reselling books

Yes. Reselling in this manner is legal.

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Answered on 12/04/05, 3:03 pm


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