Reselling an ebook- without permission?

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I found an ebook that I think is way cheap at $10 a copy and I have tried to contact the owner for affiliate status but no dice- and i dont see any way to contact them.

Since its so cheap, i figured what if i just bought them at regular price (at least until i can get a hold of the owner) and then resell them at a higher price?

Anyone know of any legal issues or major problems otherwise?

THanks so much,

Joel
#main internet marketing discussion forum #ebook #permission #reselling
  • Joel, unless the ebook specifically offers you resale rights, what you are doing is very much illegal. Do be careful!

    ~ Sirius
    • [1] reply
    • I kinda figured that, but then again, there's the whole industry of resell book shops and im sure they dont have permission to sell each one of those "pre-bought" books.

      i believe your right, but i guess i dont know the legal distinction.

      hmmm....

      Thanks Sirius,

      Joel
      • [1] reply
  • Joel - re-brand it - re-write it and change all editing and add your own graphics, blurb etc and then re-sell !
    • [4] replies
    • that is a good idea in general and thanks for putting it out there.

      The only problem is that this is an investing strategy book that offers a specific formula for how to invest and thats really the key.

      Its really unique- (plus i just couldnt do that to the author anyway- I met the man and he was one of the most amazing human beings i've ever known of)

      Joel
    • Name for this practice, its called plagerism

      How would you like it if someone did it to a product belonging to you!

      Kim
      • [1] reply
    • Cmon man that's stealing.

      Nothing pisses me off more that after wrting articles all day I check for one of my titles and see some loser has stolen my title, my idea ns spun my article to sell some BS affiliate link for an inferior product that is crap.
    • Um... NOT a good idea to advocate that here...

      Get some better advice.

      Best!
  • Okay well i dont really want to go into it- but i wouldnt "steal sales" if i buy it at full price and resell it. I gave them a sale. nothing was ever stolen.

    I dont really see a moral issue with that, just a legal issue if it is not legal which a couple people has said is the case.

    so im not going to do it since its apparently illegal.

    Joel
    • [1] reply
    • Hi Joel

      Sorry to labor the point, but there is a moral issue

      It is imoral to buy someone's ebook then resell it themselves. It is also stealing. (You are stealing their sales).

      You can argue that they are sales they wouldn't have made anyway, but it doesn't matter, they should still be their sales.

      I can imagine how teeth grindingly irritating it is that the original author doesn't have an affiliate program or doesn't sell the book at a price you agree with (been there myself), but the fact remains that its his book and he can do what he likes with it.

      I'd continue to try and contact him if possible and try to come to an arangement with him that would be mutually beneficial

      Kim
  • Doesn't the first sale doctrine and the actual license come into play here?

    People are saying you can't resell ONE copy of a digital product but no one ever shows actual case law.

    People talk of morals but thats not a law either.

    JFYI: Saying something is licenced has to be told before the purchase.

    Garrie
  • I would think that it is quite acceptable to buy a product for someone and to charge them a commission to do so.

    If I understand that's what you're proposing.

    i.e. a customer pays you $47 for a product.
    you buy it at $10, send the product directly to the customer and keep the $37 difference as your commission.

    The only assumption, of course, with these being digital goods, is that you don't end up with the product yourself too. Ideally it would have to go directly to the customer with you never receiving it - one method might be if the purchase simply got you a username and password which could be sent directly on.

    You can then repeat this process for each sale.

    The downside of this, and it's basic economics, is that this system works much better when the product is scarce or unavailable. With most e-products the supply is unlimited and unless you are adding value in some way you could have many disgruntled customers.

    A better solution, if you think there is the market, might just be to commission a new original product yourself, based on the same general subject area (definitely not copying from the other product) which you have full rights to sell as you see best.
  • Forget the moral issue.

    You could be sued.

    And if the work was registered with the US copyright office you could also be hit with punitive damages of $150,000 per unit you sell in addition to damages.

    Don't forget that defending copyright cases is also very expensive...

    As for case law...

    This would be a copyright infringement case so there is a ton of case law... trying to use the right of first use as defense would be up to your attorney... who it may cost you tens of thousands of dollars to retain just to defend you.

    Also consider the company in question may be publishing the item with one point of value to them being that they are the sole distributor and generate additional revenues on the back end from the sales.

    They may use that against you when seeking damages.

    Then of course there is credibility... which you throw out the window when you decide to start reproducing items for sale...

    In a case like this you would be fighting the uphill battle and you would have to cover the cost of defending your self.

    Is it really worth it to infringe on someone's copyright over a $10 publication?

    Because you are proposing copyright infringement.
  • All master reseller rights products and resell rights products comes with a MRR or RRP license in the zip file. If there is no attached license to it then it is for personal use only.

    You better seek permission to whoever owns the copyright license.
  • You have made the right decision.

    If you must use another's work, then make sure that you purchase the unrestricted PLR (private label rights) and even after doing so, (and depending on how you intend to use the product) the true professional would normally re-write the product using his or her own style, knowledge, experience and research.

    Regards,
    Jeff.
  • If you want to read something pretty interesting, yet confusing, check out: THE FIRST SALE DOCTRINE AND DIGITAL PHONORECORDS and THE FIRST SALE DOCTRINE IN THE ERA OF DIGITAL NETWORKS

    Also, I forgot - ebook more than likely fall under software and then also further protected by the DMCA.
  • Also look at this site for ebooks, first sale and licenses: Amazon Kindle and Sony Reader Locked Up: Why Your Books Are No Longer Yours
  • I love research - whats the book? Whos the author? I'd love to hunt round & see what I can find for you - even tho I really should be writing articles, creating websites, coloring my hair...
    • [1] reply
    • Joel, you made the right decision. Don't do it for the many reasons mentioned above. Besides, its a really big marketplace - I'm sure you can find plenty of similar products complete with good affiliate programs.

      But, if you really really like this product, then perhaps you can use it as a learning tool and create your own original work, based on a similar idea?

      BTW, great thought on your part to ask here instead of just doing it.....
  • Before you do anything questionable, consult a lawyer and get professional legal advice. It's that simple.
    • [ 1 ] Thanks
  • While we're on the subject - how does everyone go about keeping track of their various PLR rights? I've got a folder on my computer, and I know that everything that goes into that thing I have full rights to, but that seems pretty open to a mistaken copy and paste or what have you.

    Any bright ideas out there?
    • [1] reply
    • The legal definition is ILLEGAL unless you own the copyright or have written permission from the copyright owner.


      Also possibly illegal (if you copy ANY of the content it IS illegal) and certainly unethical
      and immoral.

      I think you need to start thinking along the lines of respecting other people's copyright and acting with some integrity.

      Kindest regards,
      Andrew Cavanagh
      • [1] reply
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    Reselling an ebook- without permission?

    I found an ebook that I think is way cheap at $10 a copy and I have tried to contact the owner for affiliate status but no dice- and i dont see any way to contact them. Since its so cheap, i figured what if i just bought them at regular price (at least until i can get a hold of the owner) and then resell them at a higher price?