First Sale Doctrine for a used book
I'm fairly sure this has come up on the forum's before, but I can't locate any threads. I was contacted by the author of a book which I am selling. It is listed as 'used', not new. He is basically telling me that I have no rights to sell his book. He wants to know where I got it from and how many copies I have sold? It was purchased at a local FOL sale last year and it's the only copy that I have come across, like the majority of the books that I sell.
I haven't replied yet. I know that the First Sale Doctrine allows me to sell books as used and that is most likely going to be my reply to him. I have the book listed for $16.95 which is the lowest price, and there are only 4 copies listed on Amazon.
Has anyone else encountered this?
First Sale Doctrine for a used book
I'm fairly sure this has come up on the forum's before, but I can't locate any threads. I was contacted by the author of a book which I am selling. It is listed as 'used', not new. He is basically telling me that I have no rights to sell his book. He wants to know where I got it from and how many copies I have sold? It was purchased at a local FOL sale last year and it's the only copy that I have come across, like the majority of the books that I sell.
I haven't replied yet. I know that the First Sale Doctrine allows me to sell books as used and that is most likely going to be my reply to him. I have the book listed for $16.95 which is the lowest price, and there are only 4 copies listed on Amazon.
Has anyone else encountered this?
27 replies
Seller_nRFmxiQg4EGrw
Not here, but we did have a case of a piece of artwork where the artist contacted us, saying that these were done as gifts and were not to be sold (it was a yearly greeting card sent out to a small group of serious fans of a particular author).
After telling him that we purchased it at a yard sale, he at first resisted, then I think he did some research or spoke to a lawyer, and told us it was okay (which, of course, it was; like the book, covered under FSD).
Lots of discussions about FSD here, but 99.9% are by people who don't understand it, and think it means that they can sell anything they want here. Of course, the author could possibly get his publisher to ask Amazon to restrict his title, but unless he's a major author, I doubt the publisher would bother. And it would take long enough you would have sold it anyway.
I would probably respond with nothing more than a link to FSD, if at all.
Seller_MyXY4Myx9zVcR
You can mark this author's inquiry as NRN = no reply needed.
I have received similar inquiries from authors over the years, some asking about dedications and signatures, wondering which of their best friends gave away their precious books to a local thrift shop.
Put them on ignore. No good ever comes from inquiries from thin-skinned authors.
Seller_149FN9OrPNrp7
I would do one of two things.
1) Throw the book in the garbage (or donate it back to FOL): $16.95 is not worth getting caught up in any eccentric author drama. He could potentially purchase the book from you just to leave a negative feedback.
2) I would politely email him and tell him exactly what you told us, that you obtained the item from a library sale, and that this is how you make a living. Depending on how the author responds, I still might do number 1.
Seller_TvaTXH61RRGLO
The First Sale Doctrine will allow you to sell it as used, however, Amazon not so much. And because you are selling it on Amazon I recommend you remove and delete it from your inventory. You are losing your time in a saga of about 16 USD. There are thousands of books you can sell without grumpy authors threatening you. There are also some better venues for books.
Seller_CW0P5hgbsiqWX
That is a fair question for the rights owner of a product to ask. He is not saying to stop selling the book, he just wants to know how you came to have one to sell.
The reason this is a fair question is because in the publishing industry, especially the Self-Publishing arena, there are many ways the author can be taken advantage of.
Seller_qTJiCxRI8PpIZ
We have encountered this before. If it were me, I would answer his questions and take down the listing. If you don't, he is just going to tell Amazon to ban others from listing it, revoke your permission at which point you may get deactivated. Do you really want to risk that for $16.95? You may be able to get away with trying to sell it on ABE or Ebay but even then, why? It's 16.95 not a $300 book. If you bought from FOL I'm guessing you paid a few bucks for it. What's the big loss here?
Seller_nBUcRErQhJ4JW
I think this came up once with Costco and some of the high end watch companies. I think the watches were being sold as new - because they were- and the shopping club won.
Question here though is how will Amazon enforce this? Your not in court your in Amazon court, where the law of the land or Amazon's own policies dont't always apply.
Seller_5xUDjRTyrAgVB
Response;
Dear author,
I purchased this book at a local bookstore and it was a terrible read. Since I wasted so much on this, I am merely trying to recoup some of my $ that I spent. If you truly care about your book, please send me a reimbursement check.
Seller_YBfUTeoG971hG
Many new and naive authors think they have eternal and universal rights to their books. This is especially true of authors of print-on-demand books or who publish with vanity presses. I have a (polite but to-the-point) boilerplate response that I send in these cases, outlining with citations the First Sale Doctrine, and telling them to check with an attorney if they still have questions.
They almost universally apologize and I never hear from them again. The only trouble I've ever had was with an author whose book was published in both a print and e-edition. He had rights limiting the distribution of the e-edition, and made a claim against a seller who was reproducing and selling it. Unfortunately Amazon simply laid the blanket copyright violation on ALL editions and our print copy was swept up in that. It was a mess, even with the author contacting Amazon to tell them that it was only the e-edition that was in dispute.
Seller_XSqPquQH4FvW1
Sutton is correct. The author has copyright protection against someone else publishing his book in any form. He has no protection against any one selling copies of the book once it has been published.
