ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Monday, August 18, 2008

NY Codifies "Professor Review Copy Not for Resale"

I vaguely recall a discussion on the Contracts Listserv about the legal weight (if any) of the publisher's stamp on textbooks proclaiming: "Professor Review Copy Not for Resale." Well, New York has passed the Textbook Access Act, the central purpose of which is to "promote open and transparent marketing, choice, pricing and purchasing of course materials." Section 724(1) happens to prohibit instructors from reselling complimentary copies of textbooks. The full text of the statute is made available by Prof. Minna Kotkin over at Clinicians With Not Enough To Do.

New York profs with bags packed for the Strand, consider yourselves forewarned.

[Meredith R. Miller]

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Wouldn't the first sale doctrine under federal copyright law pre-empt any New York Statute on the subject?

Posted by: ohwilleke | Aug 19, 2008 9:05:06 AM

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