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Subject:
Legaility of 'Renting' a Magazine
Category: Business and Money Asked by: jmh1234-ga List Price: $5.00 |
Posted:
21 Sep 2003 20:41 PDT
Expires: 02 Nov 2003 18:55 PST Question ID: 258963 |
I am thinking of starting a news stand and I am considering allowing someone to buy a magazine (say 'Newsweek') at regular price and then if they return it to me aftre reading it I will give them 50% $ back. I want to then turn around and allow a second person to purchase that same copy of the magazine for full price and if they return it give them 50% back. In a sense, renting the magazine to multiple people. Are there any legal issues with this approach? |
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There is no answer at this time. |
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Subject:
Re: Legaility of 'Renting' a Magazine
From: digsalot-ga on 22 Sep 2003 02:03 PDT |
If it isn't, it should be. It is sort of like music file swapping. Each rental of the magazine is money taken from the pocket of the publisher. Instead of three or four people actually buying the magazine, only one will but three or four people will read it and still pay the full price for doing so if they don't bring it back. they will still pay for readint it if they do bring it back. In my personal opinion (which I realize does not mean much), such an activity would be nothing less than theft from the publisher. There is also the health aspect to consider. In as much as many diseases such as the cold and flu are spread by hand contact with objects where the viruses, etc, are present, a magazine first sold to a person who had a communicable disease could in turn infect many more. Not really a good idea. digs |
Subject:
Re: Legaility of 'Renting' a Magazine
From: nelson-ga on 22 Sep 2003 03:39 PDT |
Same issues digsalot mentions apply to libraries as well, though not for profit. |
Subject:
Re: Legaility of 'Renting' a Magazine
From: mvguy-ga on 22 Sep 2003 05:38 PDT |
I respectfully disagree with Digsalot-ga. I see no legal impediment as long as you don't have a contractual obligation with the magazine supplier not to rent it out, or as long as magazine publishers don't "license" their magazines for single-person use. It is advertising that pays for magazines, and the ads are sold on the basis that there are X readers per printed issue. If such renting became widespread, X would increase, and so would advertising rates to make up for it. |
Subject:
Re: Legaility of 'Renting' a Magazine
From: leoj-ga on 22 Sep 2003 08:23 PDT |
Yeah, I have to disagree with digsalot also, as the fileswapping analogy really breaks down here. Firstly, there is the fact that the physical object is being traded, not a digital copy. Second, libraries already do essentially the same thing with no charge, so how on earth could it be illegal to simply charge for the service. This is more similar to a used book store that maintains an exchange policy as well. On a separate note, I can't see how this would succeed as a business though for several reasons. First, readers of a news magazine aren't going to want a week old edition, so you are going to have a whole lot of unwanted used copies if you try to sell last week's copy at the same price as this week's. Second, people who read these things regularly are going to have subscriptions by and large and pay much, much less than the cover price in the first place. |
Subject:
Re: Legaility of 'Renting' a Magazine
From: read2live-ga on 22 Sep 2003 11:04 PDT |
Addendum to leo's comment: I have seen this work in Africa, where news is not necessarily current, where ANY news may be valued. And regular readers do not always have the means to buy a subscription, to pay 12 months (or whatever) up-front, and prefer to pay, copy by copy. But jmh might consider a sliding scale for his entrepreneurship, which takes into account the diminishing value of the magazine. Thus the first reader pays full (?) price for the magazine, and gets 50% back on return, reader number 2 pays 75% of the original price, and gets 50% of the price paid on return, reader number 3 pays 50% of the original price, and gets 50% of that 50% repaid... It may not be profit-making, but if jmh gets first read of the magazine, then any additional reader cuts the cost of his reading. Of course, that only works if he stocks the news-stand with single copies. I don't see any legal issues here, single or multiple copies. If there were, then any and every second-hand bookshop, comic store etc would be trading illegally. They aren't, they are asking whatever price they think the market will bear, what the reader is prepared to pay. And if the reader is prepared to pay full-price (or more for a rare magazine), then so be it. The only resale restriction might be if you change the cover or the contents in some way; I am thinking here of books which often have (had?) some restrictions on re-binding or re-covering. I would offer this as an answer, but I am not a lawyer (so note the disclaimer at the bottom of the Google Answers page) and I haven't found anything at a quick glance to support my case. Nor anything against it! (But I'll be happy to post this as an answer if pressed.) Good luck (but don't expect to get rich on this...), r2l. |
Subject:
Re: Legaility of 'Renting' a Magazine
From: pinkfreud-ga on 22 Sep 2003 11:11 PDT |
For several years I worked in a used book store. In addition to books, we sold used magazines for a fraction of their cover price (much less than half). It was not unusual for the same magazine to be sold, returned for credit, and sold again, sometimes more than once in the same day. Many used books stores do this. I can't comment on the legality in all jurisdictions, but this seems to be perfectly legal in Oklahoma, where I live. One of our best customers was a cop who came in often to get magazines. I doubt that he would have done this if he'd been breaking the law. Such a law would presumably put used book dealers out of business. |
Subject:
Re: Legaility of 'Renting' a Magazine
From: read2live-ga on 24 Sep 2003 22:06 PDT |
Hello again, I've got a little further with this question. It's certainly intriguing. It may come down to a matter of which magazines you are planning to rent or re-sell, where they are published, and how and from whom you purchase them yourself, and of course where you intend to set up your news-stand may make a difference as well. So if you can give us guidance on these issues we might be able to give you a more definite (layman's) opinion. best, r2l |
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