06-13-2023 02:35 PM
This message I received today and seems alittle fishy have never got a message like this and I've been selling used books for 3 years.
Message I Recieved:
To Whom it may concern:
This book, Rahimi's Favorite Vege Delights, is being sold illegally. Please remove the inventory. I have contacted a lawyer.
I have tried to contact and have a complaint in requesting this book be remove and that you cease and desist selling this book. I did not give you permission to sell this book.
THE OWNER
06-13-2023 06:45 PM
Tell her to look up the first sale doctrine. You can do whatever you want with it, including sell it.
06-13-2023 08:29 PM
"I have contacted a lawyer" everybody knows a lawyer. I had one person start adding to their notes to me when I was helping them with a lost package "DC attorney" which I thought hilarious.
06-13-2023 08:42 PM
If they could get it removed that would have.
06-14-2023 08:23 AM
If this is book of recipes commonly known as a cookbook, copy right does not apply. You cannot copy right a cookbook.
06-14-2023 08:25 AM
Can’t copyright a cookbook
06-14-2023 08:27 AM
The person does not know the correct procedure, but if they do want to go the distance they can have your book removed. At this point the message means nothing until Ebay actually take the book down.
06-14-2023 08:34 AM
@coolections wrote:The person does not know the correct procedure, but if they do want to go the distance they can have your book removed. At this point the message means nothing until Ebay actually take the book down.
No, they can't. Read up on the "First sale doctrine", which was cited above: If the book was legitimately published, then anybody who owns the book can do whatever they want with it -- except make and sell copies of it without the permission of the copyright holder.
06-14-2023 08:40 AM
@sensualfriendz wrote:If this is book of recipes commonly known as a cookbook, copy right does not apply. You cannot copy right a cookbook.
You can't copyright a recipe or list of ingredients, but any cookbook that also contains further narrative, as this book does, is protected by copyright. Take a look at the book's sample pages in Amazon.
06-14-2023 08:42 AM - edited 06-14-2023 08:45 AM
@sensualfriendz wrote:If this is book of recipes commonly known as a cookbook, copy right does not apply. You cannot copy right a cookbook.
Yes, you can copyright a cookbook. What can be copyright is the book itself -- its general text, format, arrangement, photographs or illustrations, the compilations method, etc. What cannot be copyright is the recipes themselves.
I can take the recipes out of your cookbook and put them in my own, but I cannot reproduce your cookbook and sell it.
It's rather like an anthology of short stories that are all in the public domain. The book itself, its forma and so on, as above, is copyright but the stories themselves are not.
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06-14-2023 08:42 AM - edited 06-14-2023 08:44 AM
@sensualfriendz wrote:Can’t copyright a cookbook
Yes, you can copyright a cookbook. What can be copyright is the book itself -- its general text, format, arrangement, photographs or illustrations, the compilations method, etc. What cannot be copyright is the recipes themselves.
I can take the recipes out of your cookbook and put them in my own, but I cannot reproduce your cookbook and sell it.
It's rather like an anthology of short stories that are all in the public domain. The book itself, its forma and so on, as above, is copyright but the stories themselves are not.
06-14-2023 08:56 AM
@sensualfriendz wrote:Can’t copyright a cookbook
Here is the policy, straight from the US Copyright Office's Compendium of U.S.Copyright Office Practices:
"The Office may register a work that explains how to perform a particular activity, such as a cookbook or user manual, provided that the work contains a sufficient amount of text, photographs, artwork, or other copyrightable expression. However, the registration does not extend to any list of ingredients or contents that may be included in the work."
06-14-2023 10:32 AM
I've gotten them in the past. I usually ignore them because they have no clue what they are talking about but if I do respond, it is a link to the first sale doctrine which specifically says you can sell a used item you purchased legally, and that means you can sell second hand books without the authors or publishers permission.