Letter to the Editor: American publishers can’t stop the reselling of textbooks
January 31, 2005
Editor:
In his opinion piece, “Textbook prices: an alternate arrangement” (Jan. 28), Justin Jaynes wonders why textbook publishers allow
students to resell their textbooks.
The reason is that under
United States copyright law, once a textbook has been sold, the
copyright owner can no longer control its further distribution.
This “first sale” doctrine is codified in Section 109 of the
Copyright Act.
British copyright law has a similar provision. It controls the
first issuance of a copy, but not any “subsequent distribution,
sale, hiring or loan of those copies.”
There are special rules that govern imported copyrighted works that might restrict their resale, however.
Lee Hollaar
Professor,
School of Computing