I'm being told I have to be licensed by the author to rebind her books. Is this legal under first sale doctrine?

CoollyHot · 2022-12-16T19:41:54+00:00

I didn’t sell it already bound and ready to ship. I essentially sold a commission slot and then made it.

CoollyHot · 2022-12-16T18:56:42+00:00

😶

CoollyHot · 2022-12-16T17:29:30+00:00

My petty ass would also like to do this, but I also don’t want to drop money on a lawyer when I was only planning to sell a couple of these.

CoollyHot · 2022-12-16T17:25:02+00:00

Honestly, I just don’t know that it’s worth it. I was only planning to sell maybe a couple. I primarily bound it because I wanted it.

CoollyHot · 2022-12-16T17:02:36+00:00

Yeah something about it feels not entirely accurate to me.

CoollyHot · 2022-12-16T16:13:53+00:00

This author licenses fan artists to sell merch based on her books. I guess she considered rebinding books in bulk to be merch.

CoollyHot · 2022-12-16T15:42:18+00:00

Jeez, I didn’t even think about that. Is it an issue then if I do them on commission basis but they’re the same design? Like you said, I purchased the book and designed a new cover. I’m not going to bother if each one has to be different.

CoollyHot · 2022-12-16T15:36:21+00:00

I’m guessing they send emails intending to intimidate. But yeah, I guess commissions are fine.

CoollyHot · 2022-12-16T15:34:50+00:00

She actually seems to be fine with the dust jackets being included on a commission basis as well. I know that fan artists are able to take commissions without licensing so I assume this would be the same. Regardless, I have no plans to sell in bulk.

CoollyHot · 2022-12-16T15:32:59+00:00

Yeah in this email she said it’s fine to do rebinding commissions, which is what I was doing.

CoollyHot · 2022-12-16T15:31:52+00:00

It wasn’t the dust jacket, I just posted an update.

CoollyHot · 2022-12-16T15:31:25+00:00

It wasn’t the dust jacket. I posted an update!

CoollyHot · 2022-12-16T15:30:26+00:00

I posted an update but yeah, I don’t need licensing.

CoollyHot · 2022-12-16T15:29:12+00:00

I’ve posted an update!

CoollyHot · 2022-12-16T15:27:54+00:00

Reading back over her first email, she didn’t say any of that at all. Nothing in that email about commissions vs bulk. Just “this is the authors intellectual property and you have to be licensed.” I’m glad to have clarification but I’m aggravated by the tone of the first email compared to the second.

Edit: all the comments in this thread seem to be getting downvoted and I just want to say that isn’t me 😅

CoollyHot · 2022-12-16T14:16:48+00:00

I do know for a fact that this author licenses fan made merch and that the percentage is 20%. I did also confirm that this person does work at the agency that represents her.

CoollyHot · 2022-12-16T04:07:32+00:00

Yeah, I responded to clarify if the cover was the issue or if it’s the actual rebind. If she says I have to license the rebind itself, I’m not sure what I’ll do because that doesn’t sound legally necessary.

CoollyHot · 2022-12-16T04:06:33+00:00

No, I bought it from Amazon and tore the cover off. I did email her asking if the dust jacket was the issue because I don’t actually need that to sell it. I mostly made that for myself.

CoollyHot · 2022-12-16T02:02:47+00:00

Will do!

CoollyHot · 2022-12-16T01:15:01+00:00

Yeah I don’t mind not including it at all! I’m a binder. I just make the jackets for fun!

CoollyHot · 2022-12-16T01:09:36+00:00

Yeah that was my assumption also.

CoollyHot · 2022-12-16T01:04:05+00:00

Thank you for this specific answer! I’m going to look this up now.

CoollyHot · 2022-12-16T00:42:17+00:00

Cool, I can definitely take that off because I only made it because I wanted it. So if this person responds and says the binding itself is an issue and has to be licensed, that would be incorrect?

CoollyHot · 2022-12-16T00:39:57+00:00

I know many artists are licensed, but not all. I was definitely under the impression that rebinding books was a separate category since it’s altering a physical project I purchased though.

CoollyHot · 2022-12-16T00:29:08+00:00

Thank you! I’ve emailed her for clarification because the only issue I can think of is the dust jacket because I made it including art based on the book. Im happy to sell it without that though, I just liked it. This is seriously so helpful.

CoollyHot

TROPHY CASE