Authors Without A Yacht (AWaY) discussion

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First Sale Doctrine > When you can/cannot sell a CD

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message 1: by Rowena, Group Owner (new)

Rowena (rowenacherry) | 685 comments Mod
Marilynn Byerly gave permission to post:

Just to clarify the niceties of copyright and CDs for those who get confused....

According to copyright laws, media put onto the CD with the copyright owner's permission is legal to resale because it is covered by The First Sale Doctrine. You cannot copy its contents and resell that.

Content that is bought in digital form or scanned into digital form without the copyright owner's is illegal to copy onto a CD except for personal use as storage. It is illegal to sell this personal copy.

Since ebooks haven't been sold on CD, to my knowledge, for over five years, and then only by a few indie ebook publishers, it is hightly unlikely for any CD of a book to be legitimate. The lone exception may be Baen Books who has given away collections of ebooks for promotion purposes, but these were not to be resold.

No legitimate publisher, to my knowledge, has ever given permission for collections of copyrighted ebooks to be sold. Books out of copyright, however, have been sold in collections.

If you need a simple article on the subject, I suggest my article on First Sale Doctrine and eBooks. The simplest way to find it and my other articles on copyright is to go to http://mbyerly.blogspot.com/ and click on the copyright links.

The article has links to specific online documents from the US Gov. on book copyright as well as legal articles from Harvard and Stanford Law experts.

Anyone here has my permission to reprint or use these articles in part or full wherever they please.

Marilynn Byerly

http://marilynnbyerly.com


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