1. Do all books have some value?
Reality is: no.  If you were to stand in front of a bookcase full of books, say 100, one or two of them will have enough value to make it worth  the effort of trying to sell it. You can do a quick check by going to an online book seller and enter your ISBN number.  A list of that book will come up for you to see the current price range.  You will quickly see that there is a glut of books for sale on the internet.  You will also see that many of those 100 books are dollar books, and many are ten cent books.

2. Do old books have value?
Reality is: not really. A hundred years ago there was no mass media like we have today, but there was a strong desire for content like we have today.  People wanted a source for entertainment, news, information, and books were written quickly to satsify the market.  Many of those works were produced so poorly that nobody would want to read them today, let alone collect them.

3. Do all signed books have value?
Reality is: A small percentage do.  Highly collectible authors make up a very small percentage of the signed books on the market.  If an unsigned book has value, the signature may get it sold faster, but unless the signature is collectible on its own, it's unlikely it will increase the value of the book.

4. Do all first editions have value?
Reality is: not really.  The reason is most books were not good enough to demand another printing, and so they only exist as a first edition. Friends of the Library book stores have shelves full of new, hardcover copies of first editions on sale for fifty cents to a dollar.

5. Do bestsellers have value?
Reality is: If you were to check the online bookselling sites you will quickly learn that many of the top selling books today will be selling for $1.00 within a few months.  The reason is: oversupply. Best sellers are printed in huge numbers to satisfy the market's initial demand, but once that market is saturated, the suppy overwhelms the demand.  Thrifty readers wait several months to purchase their copy of a best seller and then find new, hardcover copies in excellent condition for fifty cents in a thrift store.  This is also true for childrens books, CDs and DVDs. Suppy and demand always sets the price of books on the market.  When the supply is high, the price of books is low.

6. Are scarce books valuable?
Reality is: Only books that are scarce AND in demand have value.  Most scarce books have little or no value because the original market did not demand large printings.  For example, an uncommon How To book published three hundred years ago may not have been wanted by many people back then and is still not wanted by a lot of people today.  I'm sure you are beginning to realize that suppy and demand always sets the price.

7. Do big books have value?
Reality is: they may be big and beautiful but they do not have much resale value. Some people call them coffee table books.  Most big books are very common. They are often mass-produced reprints that began their retail life on disply tables at the major book retailers.  The quickest way to determine if the book is a coffee-table-book reprint is the absence of a price on the inside of the dust jacket.  They may be big and beautiful but most of them will  not bring a big resale price.  Most likely you noticed that the discount tables in book stores are full of market down big books.

8. Do encyclopedia sets have value?
Reality is: almost nobody wants them any longer.  The internet has made the encylopedia outdated.  That may be hard to take if you paid hundreds of dollars for the set orginally, but time marches on and changes happen quickly.  The cold fact is that sets of encylopedias, in new condition, fill the shelves of used book stores.  Today you can pick up a beautiful hard bound set of encylopedias for ten to twenty dollars. I see them all the time. Now everyone can go to Wikipeda and other online excylopedia services to start their research project, and it's free.

9. Do collectible books in bad condition still have high value?
Reality is: Rarely.  Condition still ranks as the number one critical factor in setting the value for a collectible anything, especially a book. No matter how old the book is, collectors expect the most and see no reason to accept poor condition at any age, unless forced to by absolute sacrcity.

10. Are big collections worth more?
Reality is: Only if the individual books have value.  Anyone can accumulate a large collection of books.  Matter of fact, if you do not guard your shelf space, your shelves will fill up with books before you know it.  If a collection is specialized, it may have appeal to the right buyer, but there has to be a interested buyer. A pile of near worthless books has as much value as one near worthless book, it's all about supply and demand.

1. Condition means everything in a book's value.
A book that has significant damage is likely not worth much. A book collector wants an attractive copy.

2. Dust jackets.
Most hard cover books published since the early 20th century were sold with a dust jacket. The dust jacket is both the most decorative part of a book, and the most delicate. A missing dust jacket, or a dust jacket that is in poor condition, can cut a collectible book's value more than 50%, and make it harder to find a buyer.

3. Make sure that the copy you have matches the copy that is being offered. There are a number of ways that a book may, at first glance, look to be a rare collectible, but upon closer examination doesn't match up.

- Reprint editions:
Some publishers specialized in reprinting popular works in affordable reprint editions. Publishers such as Walter J. Black, Sun Dial, Triangle, Collier, A.L. Burt, and Grosset & Dunlop, to name just a few, would use the printing plates from the original publisher and reprint works long after their popularity was established. One way to check if your copy is a reprint is to compare the name of the publisher on the book's spine to the name of the publisher on the title page. Reprints will often have the original publisher's name on the pages in the book, but the book binding will identify the name of the reprint publisher.

- Later printings: Publishers don't use any standardized systems for identifying a rst edition. Each publisher uses their own individual system to state a first printing of a book. Even the words 'First Edition' aren't a guarantee. Publishers will sometimes forget to remove the 'First Edition' words from the printing history as they go into subsequent printings, and the number line is the only way that you can really know that your copy is a first edition.
Adding to the confusion, publishers will often change the way that they identify first editions. You can buy a guide to identifying first editions to make some sense of the confusion.

- Book Club Editions:
Book of the month clubs often use the same printing plates as the original publisher, right down to the words "First Edition" on the printing history. You can find detailed help on identifying book club editions here.

4. Supply vs. Demand.
Too many comparable copies currently for sale may indicate a glut in the market. It's harder to sell a book if you have too much competition, and prices for that book tend to start going down.

5. Check the range.
Get an idea of the full range of similar copies currently offered. Don't just settle on the lowest or highest price for comparison.

1. What makes a book rare?
Millions of books, pamphlets, magazines, newspapers, and broadsides have been published since the invention of printing more than five hundred years ago. Only a small portion of these pieces, however, would be considered “rare” by specialists. In simple terms, books achieve a degree of rarity only when demand exceeds supply. Unfortunately, there are no easy formulas for determining rarity.

2. What makes a book important?
People value books either because of their contents or because of their physical characteristics. First editions of important literary or historical works and initial reports of scientific discoveries or inventions are prime examples of books that are important because of their contents. Illustrated books that give a new interpretation of a text or are the work of an esteemed artist are also valued. Books that were suppressed or censored may be both important and scarce, since few copies may have survived. Physical characteristics, such as a special binding; an early use of a new printing process; or an autograph, inscription, or marginal annotations of a famous person; may also contribute to a book’s importance and its market price.

3. Does scarcity increase a book’s value?
A book known to exist in only a few copies may have significant monetary value if collectors and libraries prize it. Searching the Internet using services like abaa.org, addall.com, alibris.com abebooks.com, or vialibri.com can give you an idea of how many copies of a book are currently being offered for sale. For information about how many copies are held by libraries, your local librarian can help you access databases such as OCLC’s WorldCat. Regardless of scarcity, a book without important text or distinguishing physical characteristics is likely to have little market value.

4. Are all old books valuable?
Age by itself is not enough to make a book valuable. The importance of the text, the condition of the book, and demand for it will determine the valuation of an old book. However, certain categories of books are generally more sought after, including all books printed before 1501, English books printed before 1641, books printed in the Americas before 1801, and books printed west of the Mississippi before 1850.

5. What is the difference between a rare book and a second-hand book?
A second-hand or used book is a previously owned book that is neither an important edition nor has special physical characteristics, such as binding, inscription, or association with important previous owners. Market prices for second-hand books are typically modest.

6. What is meant by a book’s condition, and how does that affect a book’s value?
Condition refers to a book’s physical appearance and the completeness of its contents. In general, the better a book’s physical condition, the more it will be worth. Terms that might be used to describe old books include (from best condition to worst condition) “As New,” “Fine” (no defects), “Very Good,” “Good,” “Fair” (worn but includes complete text), and “Poor” (very worn, but readable). Missing or mutilated covers, pages, or illustrations must be noted and are major faults that will severely compromise the book’s value.

7. Where are rare books found?
Because books are portable and durable, rare books can turn up anywhere, from well-ordered private libraries to attics, basements, garage sales, and increasingly on Internet bookseller and auction sites. Books considered rare by collectors and librarians may be found together with more common books. Experience and specialized knowledge are often needed to discriminate among them.

8. What kinds of books are usually not rare?

Bibles
No single work has been printed more often than the Bible. Because they are so common, most Bibles have no significant monetary value. Certain important editions of the Bible, however, are collectible: the earliest printed Bibles dating from the fifteenth and sixteenth centuries; the 1611 printings of the first authorized English (King James) version; and a variety of sixteenth- and seventeenth-century oddities such as the “Breeches” Bible, the “Vinegar” Bible, and the “Wicked” Bible, which have some misprint or peculiar wording. Most Bibles that contain handwritten genealogical or other family information do not have market value, unless the families or individuals were famous.

Sermons and Religious Instruction
Like Bibles, many other types of religious books, such as hymnals and other worship books, collections of sermons, and books of religious instruction were intended for wide circulation. Great quantities were printed as cheaply as possible, making them both less scarce and less attractive to collectors. There are some exceptions. Early Shaker tracts, for example, are considered important and may be quite rare, resulting in greater demand and higher prices.

Collected Editions of an Author's Work
When authors become popular and well established, publishers often issue collected editions of their works. Such editions may be offered in special bindings and may even be limited and signed, but they are seldom rare. Exceptions include editions published by fine presses or those with historically significant editors, which may be valued by collectors or libraries for that reason.

Encyclopedias
Since encyclopedias are published and purchased for the currency of their information, obsolete editions of modern encyclopedias have little monetary value, whatever the historical interest of their articles. The eleventh edition (1911) of the Encyclopædia Britannica may be one exception. Complete sets of encyclopedias published before 1800 also have some market value, and single volumes proportionately less.

Textbooks
Old schoolbooks and college textbooks fall into the category of second-hand books with a few exceptions. There is a market for early American primers (for example, the Eclectic Reader of William Holmes McGuffey), although prices vary considerably depending on the edition and condition. Illustrated textbooks printed before 1850 are also sought after, as are early examples that instructed students about topics now studied, such as the place of African Americans, women, or immigrant groups in society.

Reprints and Facsimiles
Reprinting important texts in typographic or photographic facsimile is a common and inexpensive means of producing a previously printed text. Such facsimiles are generally not rare and are valued as used books. Extremely high-quality reproductions of medieval and Renaissance manuscripts and early printed books, however, can be quite expensive. Color facsimiles published during the nineteenth century are also valued by collectors when they were produced using innovative printing techniques such as collotype or chromolithography.

9. What is the difference between a first and a limited edition?
An “edition” of a work is the total number of copies of a book printed from the same setting of type (be it metal type, phototype, or by digital means). If a book proves popular, the edition may be reprinted from the same setting of type, with no or minimal changes. This is generally known as a “printing.” Information about editions and printings is sometimes included on the title page of a book or on the back (verso) of the title page. If no information is provided, determining the edition or printing usually requires research using specialized bibliographies. Intensive collecting of true “first editions” of important modern literary works over the past few decades has substantially raised the market value of copies in fine condition.

The term “limited edition” is reserved for editions in which copies contain an explicit “limitation statement,” usually on the back of the title page or on a separate page at the beginning or end of the volume. The limitation statement gives the total number of copies, sometimes with a breakdown of how many copies were printed on a certain type of paper, or bound in a certain kind of binding, or reserved or withheld from sale. The number of the specific copy is often printed or added by hand (as in “no. 46 of 500”), sometimes with the autograph of the author(s), publisher, or other contributor. The size of an edition, whether explicitly limited or not, does not by itself determine a book’s rarity or value.

10. Is a book signed or marked up by a previous owner, or autographed by the author, more valuable?
The association of a book with a previous owner can add to its value, if that person is important or famous. Autographs, inscriptions or dedications, manuscript annotations, bookplates or stamps, or other distinctive markings may all be forged, so they need to be authenticated before a positive statement of association can be made.

Contemporary authors routinely sign many copies of their books at publicity events organized to promote sales. Because they are common, such autographs typically add little to the market value of the book. Authors also sign books on other occasions, and they sometimes inscribe and present them to important associates and friends. Such “presentation” or “association” copies may command a premium price. Expert knowledge of the current market is needed in order to determine the value of a particular signed or inscribed copy.

11. Are old letters, scrapbooks, photographs, and documents valuable?
Collectors and librarians often compete for the letters, cards, documents, photographs, and manuscripts of famous people, creating a market for them. The market value of such materials, like that of printed books, depends on perceived importance and condition, scarcity of comparable material, and actual condition. Similar materials created by people who are not famous may be of interest to librarians if they document a particular place, era, or segment of society. For more information, you might consult the Guide to Donating Your Personal or Family Papers to a Repository on the Society of American Archivists Web site, http://www.archivists.org/publications/don...-familyrecs.asp.

12. Might someone want my single volume to complete a set?
Because the chance of finding a buyer with a set lacking the exact volume or volumes is remote, single volumes or incomplete sets of multivolume works generally have little appeal to booksellers, collectors, or librarians. Exceptions include books considered rare because of their age and scarce early volumes of magazines or newspapers.

13. How can I keep my books in good condition?
Books are damaged by light and by fluctuations and extremes in temperature and humidity. It is best to store them in a cool, comfortably dry, stable environment with low or indirect lighting. Most basements, garages, and attics are too hot, too damp, or too variable to provide good storage conditions. Avoid shelving books where they will be exposed to direct sunlight. Do not wrap books in newspaper or plastic or store them in cardboard boxes. Acid in the cardboard and in newsprint will damage books. Plastic wrappers, because they restrict air circulation, can promote the growth of mold or mildew. Furthermore, some plastics degrade over time and fuse to the materials they are touching. Store large books, such as atlases, bound newspapers, or art folios, flat on shelves rather than standing vertically. Never use adhesive tape to repair torn pages or a binding because it yellows with age and leaves a nasty residue. You can buy various types of protective enclosures for storing older or fragile books. See question fourteen below, and the Web site appendix, for suggestions on further reading and contact information for distributors of archival supplies.

14. Should I have my books rebound?
It is best to consult an expert before rebinding. Rebinding can lessen the value of some books, and in other cases, the cost of the work will greatly exceed the monetary value of the book. Conservators will often recommend a less drastic approach. Properly fitted boxes or wrappers can often be alternatives to repairing or replacing the binding and can help to preserve the item in its original form. For further advice on conservation treatments, please consult the American Institute of Conservation’s Guidelines for Selecting a Conservator at http://aic.stanford.edu/public/select.html.

15. Do I need to insure my books?
Most homeowner’s and renter’s insurance policies cover the loss of books, like other household items. If you own valuable books, consult with your agent to be sure they are adequately covered. Make a list of your books, and store it in a safe place so that you will have a record in case of theft, loss, or damage. Your agent may also suggest that you have your books professionally appraised to document their replacement value.

16. How do I describe my books?
That depends on your purpose in listing your books and the kind of books you own. For insurance purposes or in order to sell your books, digital photographs of the binding and dust jacket (if any), as well as the title page and any other publication information, will be helpful. If you cannot provide photographs, you should make a complete transcription of the main title page and any other publication information given at the beginning or end of the volume, as well as a description of its binding, indicating wear or damage, and other physical features.

17. Should I have my books appraised?
A professional appraisal of your books is the surest way to establish their value for the purpose of insuring them, preparing them for sale, or reporting their donation as a charitable tax deduction. However, appraisals can be expensive and are often unnecessary. Qualified appraisers are experts in their areas of specialty and charge hourly fees for their labor. An appraiser will need to inspect your books personally and then research his or her findings in specialized bibliographies and published sale records in order to determine values. Depending on the size of your collection, this may require many billable hours. Thus, one factor in deciding whether you need to have your books appraised is whether your collection is worth enough to warrant the expense. An experienced appraiser should be able to give you an estimate of the cost in advance if you provide an adequate preliminary description of your books.

Other documentation can be used to establish the value of your books. If you bought them, you can use your invoices or receipts. If you inherited them, any legal or fiscal documents that describe the transfer of property may contain information about their value. If you wish to take a tax deduction for donating them, and their combined value is less than $5,000, such documentation and/or copies of recent sale records of comparable items may be sufficient evidence. Donations of books with a value exceeding $5,000 require professional appraisal. Consult the freely downloadable IRS Publication 561 entitled Determining the Value of Donated Property or a tax adviser for details.

18. Where can I find an appraiser?
Many booksellers perform appraisals as part of their business. The Antiquarian Booksellers’ Association of America has a membership directory on its Web site (http://www.abaa.org) that allows you to search for qualified booksellers by geographical region or by their fields of specialty. Your local yellow pages directory may also contain the names of “used,” “rare,” or “antiquarian” booksellers in your area. Because the range of rare books is vast, you should seek an appraiser who is knowledgeable about the particular type of books you have. Ask for references and referrals until you are satisfied that you have found the right person. Other sources for finding appraisers include the Appraisers Association of America and the International Society of Appraisers.

19. How can I sell my books?
You can sell your books to a bookseller, through a professional auction house, or on your own through an online auction or other means of direct sale. Which is best for you will depend on the rarity and value of your books, your location, how quickly you need to sell them, and the time you are willing to spend marketing them. If you simply have a few second-hand books to clear off your shelves, a good option will be to find a local used book shop willing to buy the lot from you. If your books are rare or valuable, then finding a bookseller that specializes in the particular kind of books you have may be your best option. Directories published on the Web by the Antiquarian Booksellers’ Association of America or the International League of Antiquarian Booksellers can help identify qualified merchants. If the first dealer you contact cannot help you, ask for a referral.

20. How can I ascertain a fair price?
Many booksellers now have searchable catalogs and databases on the World Wide Web. These resources can be very helpful in determining an approximate retail value of your books because they can be used to find recent prices asked for similar copies. When comparing your book to a description in such a database, be careful to find as close a match as possible, not only in terms of publication details, but also in terms of condition, binding, and other unique features. You can also search some auction sites to find prices realized in recent sales.

Many individuals who wish to sell their books are unsure of their worth and so must depend to a great extent on the trustworthiness and professional behavior of the dealer. Booksellers who are members of the Antiquarian Booksellers’ Association of America or the International League of Antiquarian Booksellers must abide by a strict code of ethics designed to protect their customers. When selecting booksellers with whom to do business, ask whether they belong to these organizations or have other verifiable credentials attesting to their integrity.

If you decide to sell your books to a bookseller, keep in mind that it costs booksellers money to run their businesses. In order to cover their overhead costs and turn a fair profit, they must offer you less for your books than they will sell them for—often a good deal less.

If you decide to sell your books yourself through an auction service, setting a reserve limit will ensure that you do not have to accept a bid for less than a certain minimum amount.

21. Can I sell or give my old books to a library?
All libraries buy books, but they generally find the administrative overhead involved in buying from private individuals costly and difficult, and thus may refuse your offer on that basis alone. If the library is willing to consider buying a book from you, be prepared to provide a full description and state a reasonable price.

Libraries will welcome donations if the donated books fit their collection profile. Most public libraries focus on popular publications that circulate frequently. Many academic and research libraries are interested in acquiring rare and unique materials. School libraries, especially in impoverished areas, may welcome donations of used or older books. If the item does not fit its collection profile, the library may refuse the gift. Most libraries will also refuse donations that include restrictions on the use or disposition of the donated books.

22. Who else might accept my old books as a donation?
Many organizations welcome donations of second-hand or used books, either because it is part of their mission to provide reading materials to others, or because they can sell them to raise money to support charitable causes. Goodwill, Oxfam, the Salvation Army, churches, synagogues, and other charitable institutions will welcome your donated books.

THE Internet is a bargain hunter's paradise. Ebay is an easy example, but there are many places for deals on used goods, including Amazon.com.

While Amazon is best known for selling new products, an estimated 23 percent of its sales are from used goods, many of them secondhand books. Used bookstores have been around for centuries, but the Internet has allowed such markets to become larger and more efficient. And that has upset a number of publishers and authors.

In 2002, the Authors Guild and the Association of American Publishers sent an open letter to Jeff Bezos, the chief executive of Amazon.com, which has a market for used books in addition to selling new copies. "If your aggressive promotion of used book sales becomes popular among Amazon's customers," the letter said, "this service will cut significantly into sales of new titles, directly harming authors and publishers."

But does it? True, consumers probably save a few dollars while authors and publishers may lose some sales from a used book market. Yet the evidence suggests that the costs to publishers are not large, and also suggests that the overall gains from such secondhand markets outweigh any losses.

Consider a recent paper, "Internet Exchanges for Used Books," by Anindya Ghose of New York University and Michael D. Smith and Rahul Telang of Carnegie-Mellon. (The text of the paper is available at ssrn.com/abstract=584401.)

The starting point for their analysis is the double-edged impact of a used book market on the market for new books. When used books are substituted for new ones, the seller faces competition from the secondhand market, reducing the price it can set for new books. But there's another effect: the presence of a market for used books makes consumers more willing to buy new books, because they can easily dispose of them later.

A car salesman will often highlight the resale value of a new car, yet booksellers rarely mention the resale value of a new book. Nevertheless, the value can be quite significant.

This is particularly true in textbook markets, where many books cost well over $100. Judith Chevalier of the Yale School of Management and Austan Goolsbee at the Chicago Business School recently examined this market and found that college bookstores typically buy used books at 50 percent of cover price and resell them at 75 percent of cover price. Hence the price to "rent" a book for a semester is about $50 for a $100 book.

Ms. Chevalier and Mr. Goolsbee found that students were well aware of industry practices and took resale value into account when they bought books. (The study, "Are Durable Goods Consumers Forward Looking? Evidence from College Textbooks," is available at Mr. Goolsbee's Web site, gsbwww.uchicago.edu/fac/austan.goolsbee/website/.)

Back to Amazon. Professors Ghose, Smith and Telang chose a random sample of books in print and studied how often used copies were available on Amazon. In their sample, they found, on average, more than 22 competitive offers to sell used books, with a striking 241 competitive offers for used best sellers. The prices of the secondhand books were substantially cheaper than the new, but of course the quality of the used books (in terms of wear and tear) varied considerably.

According to the researchers' calculations, Amazon earns, on average, $5.29 for a new book and about $2.94 on a used book. If each used sale displaced one new sale, this would be a less profitable proposition for Amazon.

But Mr. Bezos is not foolish. Used books, the economists found, are not strong substitutes for new books. An increase of 10 percent in new book prices would raise used sales by less than 1 percent. In economics jargon, the cross-price elasticity of demand is small.

One plausible explanation of this finding is that there are two distinct types of buyers: some purchase only new books, while others are quite happy to buy used books. As a result, the used market does not have a big impact in terms of lost sales in the new market.

Moreover, the presence of lower-priced books on the Amazon Web site, Mr. Bezos has noted, may lead customers to "visit our site more frequently, which in turn leads to higher sales of new books." The data appear to support Mr. Bezos on this point.

Applying the authors' estimate of the displaced sales effect to Amazon's sales, it appears that only about 16 percent of the used book sales directly cannibalized new book sales, suggesting that Amazon's used-book market added $63.2 million to its profits.

Furthermore, consumers greatly benefit from this market: the study's authors estimate that consumers gain about $67.6 million. Adding in Amazon's profits and subtracting out the $45.3 million of losses to authors and publishers leaves a net gain of $85.5 million.

All in all, it looks like the used book market creates a lot more value than it destroys.

Most of us have probably sold an old book at a yard sale, on eBay, given it to a library, or some such thing. We probably never gave it a second thought. Maybe we need to. Maybe we are criminals, violating copyright law.

A case has come before the Supreme Court that could turn some of our assumptions upside down, at least as pertains to books produced overseas. Take that, Gutenberg! You better read Johannes' copyright notice before you sell your copy of his bible.

This issue arose from the brainchild of Supap Kirtsaeng, a student from Thailand attending college in America. He noticed textbooks are very expensive in America, and he was not a wealthy young man. However, he recalled that textbooks were much cheaper in Thailand, so he wrote to his family and asked them to see if they could find cheaper versions of the school books he needed back home. Indeed they could. American book publishers frequently print identical or very similar editions of the books they publish in America and sell them for much lower prices overseas.

Mr. Kirtsaeng saw the light. Not only was he struggling with the high cost of books, but so were his fellow students. So, he asked his family to send him a whole bunch of books from Thailand. He began selling them in America, posting the books on eBay. He could sell them to American students for a lot less than they could buy them at the student bookstore, while still making a tidy profit for himself. Mr. Kirtsaeng was happy. Students were happy. John Wiley and Sons (publishers) was not. They sued Mr. Kirtsaeng.

Here is what Wiley prints in their overseas editions: “This book is authorized for sale in Europe, Asia, Africa and the Middle East only [and] may not be exported. Exportation from or importation of this book to another region without the Publisher’s authorization is illegal and is a violation of the Publisher’s rights. The Publisher may take legal action to enforce its rights. The Publisher may recover damages and costs, including but not limited to lost profits and attorney’s fees, in the event legal action is required.” Wiley sued and won. Mr. Kirtsaeng was ordered to pay $600,000. Evidently, he sold a lot of books, though perhaps not enough to cover a judgment of this magnitude. Reportedly, he is back in Thailand.

Now, this case has made its way up to the Supreme Court, and there are many parties looking to overturn the verdict. The consequences are wide-ranging. One such group is called the “Owners' Rights Initiative,” and its motto is “if you bought it, you own it.” Among its members are the American Library Association, the American Association of Law Libraries, eBay, Goodwill Industries, and Powell's Books, the large Oregon used books retailer. There are also many technology vendors, as the same issue arises with high-tech gadgets purchased overseas.

The issue at hand involves possible conflicts within the copyright law. One side relies on one of the most basic of rules, handed down by the Supreme Court in 1908, and codified in the copyright law a year later. It's called the “first sale doctrine.” Before this court decision, Bobbs-Merrill, in its copyright notice, added a limitation on reselling their books. In other words, if you tried to resell your copy of a book that you bought at a store, you might be violating their copyright. The court said no, and copyright law now includes the “first sale doctrine.” It says that after that first sale, the buyer may sell or otherwise dispose of that book however he or she sees fit without violating the copyright law. You (as an American) may safely sell or give away any book published in the United States without fear of violating the copyright law. The copyright law prevents you from copying a book, but not from reselling the copy you bought from the publisher.

In the 1990s, a section was added to the copyright law which states, “importation into the United States, without the authority of the owner of the copyright under this title, of copies . . . that have been acquired outside the United States is an infringement of the exclusive right to distribute copies.”

However, this must be understood in conjunction with the earlier rule which states, “the owner of a particular copy . . . lawfully made under this title . . . is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy.”

We will not get into the esoterica of the legal arguments here, but focus on the consequences, which could be substantial. In terms of the technical legal argument, Wiley is arguing that the “first sale doctrine” applies only to books “ lawfully made under this title,” and only books published in the U.S., they say, are governed by (“lawfully made” under) U.S. copyright law.

The Owners' Right Initiative describes the potential consequences this way: “If the Court rules in favor of Wiley, libraries may be unable to lend books, individuals could be restricted from donating items to charities, and businesses and consumers could be prevented from selling a variety of products, from electronics, to books, to jewelry, to used cars.”

Could selling your used Mercedes or Toyota be a copyright violation? It's not likely a car company would place such a restriction, but book publishers certainly might and do. And, it is important to note that the limitation, if upheld, could apply to libraries lending books, and even people giving away old copies, which is why the American Library Association and Goodwill have joined in this protest.

An amicus brief filed with the court by four booksellers, Powell's Books, Strand Book Store, Half Price Books, and Harvard Book Store, points out, “the interpretation Wiley advances would have made pirates even out of our Founding Fathers. In the 1730s and 40s, Benjamin Franklin operated a book store on Main Street in Philadelphia stocked primarily with books imported from British dealers. If Franklin opened his bookstore today, on Wiley's view, virtually every sale he made would be an infringement of copyright, since each such sale would constitute distribution of books manufactured abroad.”

They also note that the library at the University of Virginia would not have been able to lend the books Thomas Jefferson purchased for them without permission from each publisher. Surely, they conclude, Congress did not intend to ban this critical process in the distribution of knowledge through the copyright law.

For its part, Wiley argues that there is a good reason for textbooks to be sold at lower prices in certain foreign markets. The reality, they say, is that students in poorer countries simply cannot afford American textbook prices, which would deny these students access to books. To the argument that this amounts to “price gouging” American consumers, they explain that there are costs beyond printing and distribution, namely, the costs of writing these textbooks. This needs to be recouped by the publishers, but can't be if foreign copies which do not cover these costs are allowed to be imported into the United States.

The lower courts have generally favored Wiley's view in these cases, though decisions have been split, and experts don't have any strong sense as to how the Supreme Court will rule. Personally, I am troubled by this case for reasons beyond the difficulty for booksellers and libraries in knowing what books can and cannot be sold or loaned. This could be a means of keeping information away from Americans that is accessible to others. Freedom of information, in my opinion, is a critical right. Many other freedoms are effectively lost if you are not free to obtain information (how can one intelligently vote without access to relevant information?). Indeed, foreign editions of textbooks might provide more information, as American editions frequently have to be approved for use in schools in their jurisdiction by politically appointed reviewers (censors?) who may have agendas other than objective truth.

All of this, however, may be rendered moot by quickly changing electronic reality. The use of printed textbooks is rapidly declining at U.S. colleges, somewhat more affordable electronic versions taking their place. The same is true for all kinds of books. Information distribution no longer depends on printed books, especially from foreign lands, where the internet allows for instantaneous communication of data from all over the world. As important as these issues are “on paper,” technology may be relegating them to a debate about how safety rules apply to horse-drawn carriages.