Quote:
Originally Posted by Stitchawl
Is re-selling used books a violation of copyright laws? 
How does it differ from sharing DRM'ed e-books?
Used bookstores are a very big business in tourist vacation locales of Third World countries. Pretty big in some First World countries too. In some beach resorts one can find 2-3 used bookstores on each block of the main streets. All the latest best-sellers line the windows, and are sold for just a dollar or two. Obviously neither the author nor publisher make any money from this, and just as obviously these books are still under copyright protection. A large percentage of these books are actually NOT even used, but produced in Cambodia, the capital of pirated book production.
Many of these same countries that actively prohibit pirated computer software, pirated DVD's of both music and movies, and copied designer clothing and handbags, etc., don't seem to make any efforts towards used bookstores. Why? 
Stitchawl |
No, reselling a physical book is not a violation of copyright laws. That is, in selling the book, you are not making any unauthorized reproduction of the book. You are simply reselling the physical entity that is "the book" to another person. The author and publisher got their cut when the book was first sold. You own the book, and once you sell the book, you don't have the book anymore.
The difference with pirated digital media is, well, if it's pirated it is by definition an illegal copy made without compensation to the publisher or author. It is not the version that came from the publisher.
Also, with digital media, you are no longer an "owner" of a "book" .... you are simply purchasing a license to read that book. And, it's not a transferable license (unless so stated in the agreement). So, legally, you can't simply sell the digital book to someone else.
What would be illegal to do with a physical book still under copyright protection, would be to make a copy (by scanning or typing) and then sell those copies. What is illegal with digital media is anything that violates the license agreement between you and the publisher, or to make any unauthorized copy of DRM protected media. Although, generally an archive copy of media you purchased is not considered illegal.
The music business only got bothered by this when media was no longer analog. It used to be that you could make any number of mix tapes because by the time you got the music from the original album to the tape, or from one tape to another, it was significantly degraded. Sort of like a xerox of a xerox of a xerox.
As music and books went digital, suddenly it's possible to make perfect copies, and perfect multiple copies. That scared the crap out of everybody in media (books or music). So, as is typical of big business, they over reacted and decided that all consumers are crooks.
Long way to say, reselling of used physical books is not a violation of copyright. Reselling used digital books is not so much a violation of copyright as it is of DRM (which is part of the copyright law, but not the same as a copyright) and the license agreement. If it is pirated and sold, then that is a violation of copyright.
Oh, and if they are actually reproducing what are in essence pirated physical books in Cambodia, then that is a violation of copyright, but it is really (really) difficult to enforce those laws. Especially in countries where the "law" is a really nebulous idea anyway.
Long ago in LA, I knew this kid who used to buy all those unsold stock books from bookstores. The thing is, if the bookstore doesn't sell out on their stock of a book, they can rip off the front cover, return it to the publisher as proof, and be compensated for those unsold books.
Well, this kid would buy the book remainders for pennies on the dollar, attach a new front cover (not top quality, but good enough), and resell the book at a discount that still made him a nice profit. Highly suspect, but he never was prosecuted for any offense.