How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 114699
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
10285032
Type Your Business Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have a book in the form of a digital download. I want to

This answer was rated:

I have a book in the form of a digital download. I want to sell licenses to others so that they may resell the book. Can I set a minimum selling price via terms of the licenst, or is that considered price fixing?
You can set the minimum that you will received for the book on each sale but other than that you can only set a minimum suggested price, but you cannot fix the price of the book for your sellers.

I hope you found my answer helpful, please click on the GREEN ACCEPT button above for my answer (EVEN IF YOU ARE A SUBSCRIPTION MEMBER). This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

Please remember this is a dialog if you have follow up questions please use the REPLY button and ask. If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

PLEASE NOTE WELL: IF YOU CLICK OPT OUT I CANNOT REPLY TO YOUR FOLLOW UP QUESTIONS AND YOU MAY NEVER GET ANY REPLY OR IT WILL DELAY MY ABILITY TO REPLY TO YOU. Also, if you use RELIST, I MAY NOT SEE YOUR RESPONSE AND IT WILL DELAY YOUR REPLY.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

YOU CAN ALSO GO TO http://www.justanswer.com/lp/19qy-PaulMJD and request me.

Customer: replied 6 years ago.
I would accept a 1 time fee for a reseller license. It's a digital product, so there aren't really any costs for the reseller to reproduce it. So it's not like I'm charging them a wholesale price for each copy of the book they sell. Basically, I'm giving them a digital version and they can sell as many copies as they want. So I cannot set a minimum selling price in order to keep some resellers from devaluing the product by selling it dirt cheap or giving it away?
No, you cannot set the resale price only demand a fee for each copy distributed and in this way you can essentially control the price.
Customer: replied 6 years ago.
Can I charge a monthly licensing fee in addition to the up front fee. Since it's virtually impossible to track how many copies each reseller sells.
Yes, you can set a monthly licensing fee instead of a per copy fee.
Customer: replied 6 years ago.
Can I place any other restrictions on distribution via the license?

i.e.

  • Cannot be given away for free
  • Cannot be sold on eBay or other auction sites
  • Cannot be posted as web content
  • Cannot be posted as a blog
  • Cannot be broken into individual articles and posted online
  • Cannot be bundled with other products
  • Can only be given away for free as a bonus with another paid product
Yes, it is your license so you can set all of the terms you choose in the resale licensing contract.
Customer: replied 6 years ago.
But then isn't the term "can't be given away for free" kind of the same thing as establishing a minimum selling price?
No, cannot be given away free is no price at all set, you are just stating it must be sold or combined with a paid product but you have not set any price.
Law Educator, Esq. and 3 other Business Law Specialists are ready to help you
Customer: replied 6 years ago.
Great. Thank you so much for yout time. You've been a BIG HELP!!!
Thank you.

Related Business Law Questions