Legal Question in Intellectual Property in New York

Re: Importand Resale of Books into the US

In general, this is not permissible. It is allowed (vis-a-vis the author) if the publisher of the overseas edition had the right to publish both in the US and in the foreign country, in which event the publisher might object but the author could not. The fact that a book is "out of print" in the US does not mean that copyright has expired.

There are publishers that reprint works whose copyright has expired -- I well remember using Kalmus scores in musical groups, very hit-or-miss in quality because they simply reprinted old scores by other publishers, but much cheaper to buy than a Schirmer edition, which is why the group members used them....

Re: Import and Resale of Books into the US

It depends. For books which are not sold here in the US, however are to be sold here in the future you may be violating the copyright of the book, whether it is owned by the publishing company or the author. On the other hand for books that are no longer in print here in the US, I don't believe that this is a problem.

Check with an attorney in your jurisdiction concerning specific situations because in the first case, the damages can be severe.

Pat Tracy