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This book may not be re-sold or given away to other people

This book is licensed for your personal enjoyment only. This book may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you're reading this book and did not purchase it, or if it was not purchased for your use only, please purchase your own copy.

I found this notice on the copyright page of something I bought at a recent used book sale. I can't recall seeing a warning so overtly hostile to book borrowers and hope I never do again. I know about the first sale doctrine, and that this is completely unenforceable, but it still offends me. Should I contact the author for instructions on returning it unread?

52 comments
  • It's a violation of the first sale doctrine. They can ask, but cannot legally prevent the resale.

    https://en.m.wikipedia.org/wiki/First-sale_doctrine

    The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material object in which the copyrighted work is embodied is exhausted. The owner of the material object can then dispose of it as they see fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it away, or destroy it.

  • Pretty sure the only solution to this is to rip out the page, band it to a brick, and throw said brick through the publisher's window

  • Decline the license. Now you are limited to just the basic rights that copyright law gives, which includes the ability to resell or lend the book.

    I would just remove that page physically from the book.

    • Once the copyright holder sells or gifts the book they no longer can control it. The only right they still hold is copyright. Their distribution right is exhausted.

  • Not sure what the rest looked like, but some newer authors have the unfortunate inexperience that results in copy/pasting those pages. I've seen this exact wording out there before and I suspect that the rest also includes some iffy sections. I'm fairly sure that whoever cooked up the one I saw was either making it up entirely and thinking that they could throw in anything they want and have it binding; or were outright generating it via one of the llm models.

    Either way, whoever cooked it up, and anyone that copy pastes it like that don't understand how copyright works, at least here in the US, and I'm unaware of anywhere in the world where this would be legally enforceable at all. I've looked, to the best of my ability, but only so deep.

    What's kinda dumb is that there are a ton of options that are used by publishing companies that you know are written up correctly, and are easy to find. Iirc, the etail booksellers all have copyright pages available as well.

    It's like trying to home brew your own contracts; yeah you can do it, but you'll screw up.

    But, yeah contact the author since it's self published. Let them know the text as is not only isn't enforceable, but arguments could be made that it invalidates the rest of their boilerplate copyright page. I've never heard of it being challenged in court, but other forms of licensing can be invalidated in entirety by one bad section.

52 comments