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socrateaser, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 38561
Experience:  Retired (mostly)
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I am a piano teacher and frequently buy music at a local store.

Customer Question

i am a piano teacher and frequently buy music at a local store. recently I wanted to return and exchange a repertoire book and they told me they cannot take it back for either an exchange or refund because of copyright laws. And if they did, they could lose theilicense. This seems crazy! We teachers often pick up books which turn out to be the wrong level for our student, and need to exchange it for something more appropriate.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  socrateaser replied 1 year ago.
Hello, The store management is either misinformed about the copyright laws, or it's simply making an excuse to avoid giving you a refund. There is no law that prohibits a vendor from accepting the book and issuing a refund. When a person sells a book (text, music, pictures, whatever), it is selling a copy that the publisher has the right to make and authorize for sale or license to others. The transaction is a simple contract, no different than buying a hot dog from a fast food joint. A contract can be cancelled, and the consideration (i.e., the hot dog or the book) returned, in exchange for a refund of the original payment. No harm, no foul, and no copyright infringement. However, the vendor doesn't have to give you a refund. A sale can be final -- no law prohibiting that, either. So, if you're having trouble with the vendor, then find another one to deal with, because that's your only recourse. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using Justanswer!

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