Export/import books across intl. boundaries

SBT · 02-12-2013, 10:52 AM

I got thinking about different copyright jurisdictions, specifically life+50 vs. life+70, and wonder what legal position am I in if I e.g. order a paper book by Raymond Chandler (d. 1959) from Canada (life+50) and get it shipped to Norway(life+70)?
Am I (or anybody else) breaking the law, and whose law - Norway's or Canada's?
And which international convention regulates this (and makes it illegal for me to download the books from this site?)

----------
"Two things the less you know about the better: How sausages are made and how laws are made"
Otto von Bismarck

Araucaria · 02-16-2013, 04:53 AM

I am not a lawyer - but I expect there are plenty about.

I think this is a question of contract law and the place a contract is regarded as being located. A contract consists (and I expect I am simplifying excessively) of an offer and an acceptance, and I believe it is the physical place of acceptance that determines where the contract is, and therefore under which country's laws any questions relating to that contract can be settled.

Of course a contract may contain terms overriding that default position.

So if a bookseller in Canada offers a book for sale in Canada and you go there and accept his offer, the sale takes place in Canada and will be governed by Canadian laws, including their copyright laws. You'd could then happily take the book you have bought in Canada to any other country, having only to worry about specific import restrictions rather than copyright issues.

I believe, however, that if you accept his offer by writing him a letter and posting it in (eg) the US, the sale would be governed by US law and the US copyright laws would apply. He would probably be in breach of US copyright law by sending it to you in the US.

After that I get a bit lost: I don't know where the acceptance is located if you send a fax, or an e-mail (and maybe the two are different).

But I'm sure someone better informed than me can make it all clear.

SBT · 02-17-2013, 07:17 AM

That sounds sensible – well, next time I pass by the Canadian embassy, I'll just pop into the grounds and download life+50 authors

02-12-2013, 10:52 AM	#1
SBT Fanatic Posts: 580 Karma: 810184 Join Date: Sep 2010 Location: Norway Device: prs-t1, tablet, Nook Simple, assorted kindles, iPad	Export/import books across intl. boundaries I got thinking about different copyright jurisdictions, specifically life+50 vs. life+70, and wonder what legal position am I in if I e.g. order a paper book by Raymond Chandler (d. 1959) from Canada (life+50) and get it shipped to Norway(life+70)? Am I (or anybody else) breaking the law, and whose law - Norway's or Canada's? And which international convention regulates this (and makes it illegal for me to download the books from this site?) ---------- "Two things the less you know about the better: How sausages are made and how laws are made" Otto von Bismarck

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02-16-2013, 04:53 AM	#2
Araucaria Bibliophile Posts: 166 Karma: 934516 Join Date: Jul 2011 Location: Cantal in the French Auvergne Device: Kindle Voyage, Kobo Libra H20, Kindle PW2, Moon Pro on Lenovo tablet	I am not a lawyer - but I expect there are plenty about. I think this is a question of contract law and the place a contract is regarded as being located. A contract consists (and I expect I am simplifying excessively) of an offer and an acceptance, and I believe it is the physical place of acceptance that determines where the contract is, and therefore under which country's laws any questions relating to that contract can be settled. Of course a contract may contain terms overriding that default position. So if a bookseller in Canada offers a book for sale in Canada and you go there and accept his offer, the sale takes place in Canada and will be governed by Canadian laws, including their copyright laws. You'd could then happily take the book you have bought in Canada to any other country, having only to worry about specific import restrictions rather than copyright issues. I believe, however, that if you accept his offer by writing him a letter and posting it in (eg) the US, the sale would be governed by US law and the US copyright laws would apply. He would probably be in breach of US copyright law by sending it to you in the US. After that I get a bit lost: I don't know where the acceptance is located if you send a fax, or an e-mail (and maybe the two are different). But I'm sure someone better informed than me can make it all clear.

02-17-2013, 07:17 AM	#3
SBT Fanatic Posts: 580 Karma: 810184 Join Date: Sep 2010 Location: Norway Device: prs-t1, tablet, Nook Simple, assorted kindles, iPad	That sounds sensible – well, next time I pass by the Canadian embassy, I'll just pop into the grounds and download life+50 authors