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Question

Hello, I live in Malaysia. I would like to know, is it legal for me to sell International student edition(ISE) textbook on ebay? Because most of the books will have "not for resale in US and Canada". Would I be in trouble? Should I put disclaimer stating that "this book is for educational purpose only, not for resale in US"? As we know, ebay market is not intended for US and Canada only, it covers the whole world. But if US citizens want to buy the book while knowing it is ISE, should I sell it to them?Thanks in advance

Submitted: 73 days and 12 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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State/Country relating to Question: United States

Accepted Answer

Hello XXXXXXXXX,

Yes, you can sell them on ebay. As long as you acquired the book legally, you did not alter the book, and you are not selling copies of the book, the book is considered used property which you can sell. This is embodied in the copyright law in 17 U.S. Code § 109 and is known as the "first-sale doctrine.:" The doctrine allows the purchaser to transfer (i.e., sell or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once that copy is sold, as long as no additional copies are made..

You should properly identify the book as an International Edition, but there is no need to put the disclaimer you mentioned.

I also refer you to an ebay Guide on International Edition Textbook.

Thomas

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Expert: Thomas Swartz
Pos. Feedback: 99.1 %
Accepts: 
Answered: 9/10/2009

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Seventeen years experience as New York, New Jersey lawyer, and publisher of online legal newspaper

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