can you sell pdfs?

[Bardsandsages]

Yes, you can sell your pdfs like any other commodity. Why shouldn't you be able to?

As long as you don't keep a copy of the pdf, therefore making the one you sell the original, you're homefree. Don't let anyone tell you otherwise. As much as certain pdf producers would like to have you think otherwise, electronic products do not enjoy (or suffer from, if you will) special exemptions from the generel right to resell your property.

This is one of the reasons I despise watermarking. They severely limit my choices as to what to do with my property.

That's like saying it is OK to make a photocopy of a print book and sell the photocopy, so long as you destroy the original book.

 

[Matrix Sorcica]

That's like saying it is OK to make a photocopy of a print book and sell the photocopy, so long as you destroy the original book.

No it's not. Apples and oranges. A photocopy is not a book. A pdf is an exact replica.

A photocopy is just that. a copy. Now, selling copies of copyrighted work is illegal. Selling your original copy (ie the book) is not. Selling digital copies of copyrighted digital work is illegal. Selling your original copy of the digital work is not. Why should it be?

As long as you don't keep a copy yourself, you're entitled to sell it.

 

[Matrix Sorcica]

With a PDF, you cannot transfer ownership of the PDF in such a manner that you no longer possess it through the act of selling it.

Of course you can. Just delete it.

 

[Bardsandsages]

Of course you can. Just delete it.

No, you can never sell it, because you cannot transfer ownership of the original purchase. You can only give a copy. There is no physical way to sell the original PDF (short over giving someone the harddrive that it is on).

That is the whole point of FIRST SALE DOCTRINE. It applies to the original item, not copies. It is physically not possible to sell the original of a PDF.

 

[Matrix Sorcica]

Move the same version you downloaded to a USB, the n transfer that to the new owner.

I don't know. There may be a slight difference in legislation in this area between the US and Europe. In the EU, you most certainly can sell your pdfs.

Is there any history of court cases about this in the US?

 

[jaerdaph]

Ask the publisher what their policy is and ask a lawyer.

None of the guys with the McJobs and living in their parents' basement around here are going to know.

 

[SteveC]

Sure you can sell them. Many PDF producers are trying to say that "you're only buying the right to view and use this PDF," but that's nonsense: you're buying a product, and you can do whatever you want with that product.

Now that doesn't mean you can copy/distribute it to others willy-nilly, but if you've bought it, you can sell it. This is a controversial thing with some publishers, by the way, since they aren't seeing any money from this sale, but it's really no different from your selling old software that you're not using any more.

If you have purchased a PDF with an watermark from the publisher I would be quite careful, since if the person you sell it to decides to infringe on copyrights by giving it away on a P2P network, you'll be the person on the hook!

The most important thing to remember is that if you're going to sell a PDF and not have any problems, you need to delete it, just like a software application you might also sell.

--Steve

 

[jaerdaph]

See? Yes you can AND no you can't!

Welcome to the law firm of Boyd, Dewey, Cheatham and Howe!

 

[Bardsandsages]

Move the same version you downloaded to a USB, the n transfer that to the new owner.

I don't know. There may be a slight difference in legislation in this area between the US and Europe. In the EU, you most certainly can sell your pdfs.

Is there any history of court cases about this in the US?

Duke Law Review Article:

First Sale does not allow distribution because there is no transfer of ownership when there is a transfer of possession. Even if there is a transfer of ownership, though, First Sale does not allow for the distribution of the phonorecord because of the reproductions necessary for this distribution and the ease of distribution of infringing copies.

 

[Matrix Sorcica]

Sure you can sell them. Many PDF producers are trying to say that "you're only buying the right to view and use this PDF," but that's nonsense: you're buying a product, and you can do whatever you want with that product.

Now that doesn't mean you can copy/distribute it to others willy-nilly, but if you've bought it, you can sell it. This is a controversial thing with some publishers, by the way, since they aren't seeing any money from this sale, but it's really no different from your selling old software that you're not using any more.

If you have purchased a PDF with an watermark from the publisher I would be quite careful, since if the person you sell it to decides to infringe on copyrights by giving it away on a P2P network, you'll be the person on the hook!

The most important thing to remember is that if you're going to sell a PDF and not have any problems, you need to delete it, just like a software application you might also sell.

--Steve

What I tried to say. Thanks.

Oh, and jaerdaph - I actually have a legal university degree Still doesn't make me any more convincing than all the other McJobbers here, eh?