QUESTION

Is it legal to sell international textbooks in the U.S.?

Asked on Jul 05th, 2012 on Intellectual Property - New York
More details to this question:
I would like to start an online business selling international edition textbooks (softcover version of U.S. textbooks, manufactured overseas for use by students abroad) to students in the U.S. Am I violating the first sale doctrine or breaking any copyright related law? I also want to point out that I never directly purchase or keep stock of any of these books - I just get the order through my website, then forward the orders to my suppliers who then ship the item directly to my customers.
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is an unsettled area of law that will be reconsidered by the Supreme Court next term. As a general matter, the current state of the law in most of the U.S. is that only books manufactured in the United States may be imported under the first sale doctrine. If you are taking the orders for infringing books, you may be deemed a contributory infringer, even if you do not print or distribute the books.
Answered on Jul 05th, 2012 at 8:30 PM

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