Re: Re: Derivative Inquiry

At 12:25 PM 8/29/2006, you wrote:
>There is a distinction between TEXTbooks and WORKbooks. Almost all
>textbooks in schools are reused from year to year. In our district they
>were individually numbered and assigned to each student. You had to
>return the exact same textbook that you were issued or you had to pay
>for it at the end of the term. WORKbooks are designed to be written in
>by students. They're almost like a term-long preprinted test that is
>designed to be filled out by the students. Workbooks are intended to be
>consumable one use items and therefore any infringement is not likely to
>be judged "fair use"
><snip>
>
>It's important to see whether there was any sort of special contract
>agreed to when they bought the workbooks. Using the workbooks more than
>once might violate the contract, shrinkwrap or not, that was agreed to.
>There is considerable debate here on the enforceability of
>copyright-like contract provisions on this listserve, but that won't
>prevent the publisher from sending legal nastygrams.

We purchase workbooks on the same orders as textbooks. I am not aware of any distinction between the two, at least not for University bookstores. They are both considered textbooks, just with different designations. We also purchase used copies of workbooks from our wholesalers, and from our students at the end of the academic term.

It is a "buyer beware" situation for the students, as to whether or not they want to buy a used workbook. If we don't offer them the option, they will go elsewhere, because it has become ingrained in them that used books are the only "right" way to buy their materials (even when publishers give us special offers that reduce the price of new to the same or less than used). Many of the workbooks we offer for sale as used are in pristine condition. Many have only a few pages used, and penciled in - students feel the 25% savings over a new book is worth the time they spend erasing. The students have the right to browse the shelves, and if they feel the workbook is overused, they opt not to purchase it.

I do have professors who DO actively use the workbooks they have ordered, and I have been requested to NOT purchase used copies. In these cases, I purchase only new. This is because of the professor's request, not any contract that I am aware of...

Barb

Barbara Ruhmann
Text Buyer
UC Davis Bookstore
University of California
2828 Cowell Blvd.
Davis, CA 95616
Phone 530-752-5538
Fax 530-752-4791
e-mail brruhmann[_at_]ucdavis.edu
http://bookstore.ucdavis.edu Received on Wed Aug 30 2006 - 00:35:01 GMT