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Thread: Copyright infringement vs. "First Sale Doctrine"

  1. #11
    Publishing Mentor dsieg58 is a Premium Member
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    I am deeply insulted by this. You think that if I wrote those things, I wouldn't have the sense to use a pen name? Shame on you!
    LOL. I knew that sentence would rile you up enough to have the gin and tonic coming out your nose!

    But she has such GREAT titles...Pirates Lady, Dara's Desire, Bandit's Brazen Kiss, Defy The Thunder, and my personal favorite...Virgina a Vixen! Come on, fess up! We all know it's you hiding behind those half-naked book covers.

    It's when you add the first person nominative pronoun and add it to someone's rear end. It's almost as good as banal, when a bee is added. Having a bee up the jacksie is not an attractive proposition.
    Another LOL. You mean it IS the definition of a lawyer! (No slight intended to DavidS.)

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    As he says, selling used books isn't illegal - and I've seen used books on sale for more than in-stock new ones on Amazon several times, although not at twice the price. But that only works once per original purchase. I'd be interested to know what the position is concerning renting out a hardcopy book. I assume that printing a PDF even once and then renting or selling it is illegal.
    [edited to remove redundant explanation of IANAL]

  3. #13
    Publishing Mentor dsieg58 is a Premium Member
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    and I've seen used books on sale for more than in-stock new ones on Amazon several times, although not at twice the price.
    In my case, I have seen (on Amazon right now) my books selling for 4 times retail price ($996) and one time someone was selling a copy for $4000. I suppose I should be flattered.

    I assume that printing a PDF even once and then renting or selling it is illegal.
    Interesting question, but almost impossible to prove. You could, of course, watermark your .pdf's, but even that wouldn't how many times one person copy/sold them, only that the original was yours. E-junkie lets me put "Sold to...(person who bought original copy)" but that doesn't work with DRM.

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    I'm not sure what your book is @dsieg58, but the pricing that you're describing may indicate that there's some imperfections in the market for it.

    BTW, buying books to rent, wouldn't that be just the same thing as a company like Blockbuster video renting out movies? If I remember correctly, back when they were a big thing, they dealt directly with the movie studios to buy tons of the DVD/VHS/etc, with a license to rent. In other words, they didn't just buy a bunch of them retail and expect they could rent them for profit.

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    Publishing Mentor dsieg58 is a Premium Member
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    buying books to rent, wouldn't that be just the same thing as a company like Blockbuster video renting out movies?
    Excellent point. I would also point out though, (If I was a lawyer) that 1.) that they probably had a special licensing agreement for exactly that, and paid a higher price to do that, and 2.) they did it with the knowledge of, and paid a royalty to, the owner of the material. If I remember correctly, if you lost one their DVD's the replacement cost was far above what you could buy the same thing for at Walmart. That was how they justified the high cost of replacement.

    In this situation, there was no agreement, nor was he paying to license the material and he was doing it on the sly.
    but the pricing that you're describing may indicate that there's some imperfections in the market for it.
    Or my material is considered the best on the market and/or is underpriced. One note though: Just because someone posted that price, doesn't mean they SOLD it for that price. But it is fairly common with my books. Almost always there is someone selling them for 2X-4X the buy button price.

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