Re: Copyright Law and ARCs

On 6/4/99, Bernard Katz <bkatz[_at_]uoguelph.ca> wrote:
>
> On Sun, 30 May 1999, Rickey R. Mallory <rrmallory[_at_]mindspring.com> wrote:
> >
> > Are there laws which address ARCs or 'advance review copies'
> > otherwise known as 'bound galleys' of books, which are sent to
> > reviewers. The copies are always stamped or printed 'not for
> > resale.' Is this protected by law? The question arises because
> > of the sale of ARCs either as collector's items or as used books.
> > (These uncorrected copies of books are sent out for review
> > purposes, usually cheaply bound with a low quality paper cover,
> > even for hardback books.)
>
> From my perspective in Canada, once somone has legally acquired
> such a proof copy and has physical posession and ownership, unless one
> has undertaken an obligation *not* to resell, one is perfectly free
> to do with it what one wishes. I do not think just having accepted a
> copy so stamped is sufficient an obligation. But I'm not a lawyer and
> may not understand this area in law well enough. From the copyright
> standpoint, I think the proof copy is already protected as a work
> (unless it is a reprinting of a work already in the PD), and there is
> no restriction in copyright law (Canada *or* the U.S.A.) regarding
> resale. These comments are not to be taken as legal advice, etc.

It's probably governed strictly by contract law and the law of the place where made, unless the contract specifies which jurisdiction will cover it. Copyright doesn't seem to fit.

Stan Morris, Atty
P.O.Box 879
Cortez, CO 81321
(voice) 970-565-3771
(fax) 970-565-2739
<smmorris[_at_]rmi.net> Received on Sat Jun 05 1999 - 20:43:59 GMT