First, I would suggest extreme caution. Many U.S. books appear in
low-cost pirated editions, especially in Asia. Importing these for
resale in the U.S. would violate copyright law (17 U.S.C. sect.
601--http://www.copyright.gov/title17/92chap6.html#602). Knowingly
distributing infringing (unauthorized) copies can under some
circumstances result in criminal penalties, including time in prison.
(See 17 U.S.C. sect.
506--http://www.copyright.gov/title17/92chap5.html#506.)
You will notice that 17 U.S.C. sect. 601 makes an exception for a
single copy for personal use. Thus, if an individual brought a book
into the U.S. and then decided to sell it, there is not likely to be a
problem.
If, however, one decided to buy a large quantity of books in China and
to resell them in the United States, there could be a serious problem.
Even if the publisher's U.S. office confirms that the copies are
legal, there is still the question of whether a contract restricted
resale in the U.S.--or whether exporting the book would violate a law
in the country where it is being sold.
The legal intellectual-property doctrine that allows people to resell
books that they have purchased is the doctrine of "exhaustion." (The
rights are "exhausted" upon first sale.) The practice you describe is
similar to what is called "gray market" sales--where something is
manufactured in Country A, sold at a low price in Country B, then
reimported into Country A, where it is sold at something lower than
that usual price (but higher than the price in Country B).
Again, I would suggest extreme caution to ensure that that books are
not pirated editions. Then, I would check with an
intellectual-property attorney (in the U.S.) BEFORE importing the
books. |
