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Customer Discussions > Textbook Buyback forum

Annotated instructor's edition-- legal to sell?

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Showing 1-25 of 35 posts in this discussion
Initial post: Jun 1, 2011 12:19:49 PM PDT
Hi, does anyone know if it is legal to sell annotated instructor's edition textbooks? Virtually no online book merchants buy such books, so I am talking about listing them yourself on Amazon marketplace or sites like eBay. Thanks.

Posted on Jun 2, 2011 8:19:02 AM PDT
I purchased an instructor's textbook for my alegbra class here on amazon from a private seller. I found it very helpful and was very happy with my purchase.

Posted on Jun 3, 2011 11:01:18 AM PDT
P. Blosser says:
There is no legal reason not to sell annotated books as long as you own it legally.

In reply to an earlier post on Jun 4, 2011 9:11:58 PM PDT
I. Young says:
Instructor's editions are given to instructors by publishers for their own use, never for resale. It may be legal to sell them but it is violating the terms of the book's original use and a lot of resale companies don't allow them to be resold because the publishers get angry that the terms were broken, and the resale companies could get in some trouble. Short answer, worst that can happen to you is the site telling you you can't sell it, but I really don't recommend trying because it violates terms (if not laws).

In reply to an earlier post on Jun 4, 2011 9:12:54 PM PDT
I. Young says:
It's not an issue of annotation but of instructor's copies, which are given out for free with the understanding that they won't be given away or resold (see my other post).

Posted on Jun 5, 2011 7:34:43 AM PDT
As I. Young says, this is GIVEN to the professor/teacher. It's NOT an issue of legally belonging as Patricia suggests because the teacher doesn't own the book. It is a perk received beause of the position of the professor/teacher. IF it belongs to anyone other than the publisher, it belongs to the institution that buys the books. I'm not sure selling the books is as illegal as it is unethical.

In reply to an earlier post on Sep 20, 2012 8:07:14 AM PDT
Nancy Wemm says:
Do you have any suggestions on how to manage a situation where students (2/3 of the class) acquired annotated instructor's manuals? Can I deny the use of the editions in the classroom at least. I know that I can not make them return the books but I am considering banning them from the classroom and requiring student editions.

Posted on Sep 20, 2012 8:16:37 AM PDT
I suggest you check with your administration before you do anything. I'm appalled you have this situation but don't know if you can legally ban them. I gave up on checking and giving graces for homework because so much was copied--in your case, I'd guess, from these editions. I graded only on quizzes.

Posted on Sep 20, 2012 10:28:52 AM PDT
They're not actually allowed to be sold on Amazon, and I don't think eBay allows them either (I'm not sure on that one though), so nobody should be buying them here, as nobody should be selling them. Anyone that does sell them, if they're reported or otherwise "caught", can get banned, or whatever Amazon wants to do as a result of a seller violating the rules. Personally, I wouldn't be doing it.

As for whether they can be banned in the classroom, I would say the answer should be yes (not that that's necessarily the real answer). These editions were never really supposed to be in the hands of us students anyway, and therefore banning them would be fine from any legal standpoint (though, obviously, the school's rules may be different). There's no law saying students are entitled to cheat using instructor's editions if they wish, or even that they're specifically allowed such editions rather than student ones. I'm sorry you're in that situation. Sometimes I fear too many in my generation are idiots that care more about getting that grade by any means necessary than actually getting benefits from their education. I advise a pop quiz (and I actually hate pop quizzes), to scare them half to death. I've found that those who copy everything rarely actually learn any of it, and those that do their own work tend to pick it up at least to a certain extent even as they go along and do assignments. There's nothing saying the pop quiz needs to count as part of their grade (but they don't need to know that). It might wake some of them up to the fact that they should be not relying on answers from an instructor's edition to get through the class. Heck, for that matter, you could even name the copying of instructor's manuals specifically as a reason. Though, obviously, if there's a policy at your institution against such tests or something, that isn't an option.

In reply to an earlier post on Mar 6, 2013 9:51:03 AM PST
Ann W says:
its NOT illegal.

Posted on Mar 7, 2013 1:28:27 AM PST

Not allowed here. Enough said. Legal or not doesn't matter. Amazon is fully entitled to their own policies regarding what people are allowed to sell on their site. The rule here is clear, and in most cases the answer is "no". If Amazon's not selling the annotated instructor's edition, then neither can you on their site.

In reply to an earlier post on Sep 22, 2013 11:33:06 AM PDT
Last edited by the author on Sep 22, 2013 11:35:55 AM PDT
Fedpro says:
I appreciate your adherence to ethical standards, but these students probably purchased these books at a fairly high price without necessarily knowing about the premise behind instructor editions. I think it would be a little harsh to ban the books from class and require purchasing another edition considering the other financial obligations these students acquire. If it's that important to you, perhaps you could entice your institution to place a caveat in the course description.

In reply to an earlier post on Sep 23, 2013 9:25:35 AM PDT
Ann W says:
But is it legal to sell them??

In reply to an earlier post on Sep 23, 2013 11:42:36 AM PDT
Ann W says:
and you CAN sell them on Abe, Allibris, eCampus, TextbookRush, TextbookX.. and on and on.

Posted on Feb 5, 2015 11:55:01 AM PST
[Deleted by the author on Feb 5, 2015 11:56:16 AM PST]

Posted on Feb 5, 2015 11:59:06 AM PST
XYX says:
When you sign up for a store credit card and the promoter gives you a free shirt, can the promoter insist that you HAVE to wear it and not give the free shirt to someone needy or not sell it? Once given to you, it is YOUR shirt. Period!

Publishers routinely send the instructors' edition to professors as promotional material without asking for it, with the hope that they will adopt the book for their classes and so publishers will make money. For one, You cannot continue to store them forever especially when they have no practical utility or value for the instructors. Secondly, the instructor has no obligation to publisher as she or he never requested for the book and so publisher cannot impose his "terms of use" on professors. The bottom line is if you have not agreed to any "terms of use" then you are free to choose whatever you wish to do with these books.

In reply to an earlier post on Feb 5, 2015 12:09:10 PM PST
Ann W says:
I like that explanation! Thanks!

In reply to an earlier post on Feb 5, 2015 12:11:46 PM PST
K Christie says:
If the instructor gets this book, it is legally his to do what he wants. It is 100% legal to sell. Publishers don't like it but again it's legal.

In reply to an earlier post on Feb 5, 2015 12:13:59 PM PST
K Christie says:
In public institutions , instructor cannot deny student use.

In reply to an earlier post on Feb 5, 2015 12:17:07 PM PST
K Christie says:
If the book is shipped to an institution under institution address, then it belongs to the institution. If addressed to instructor, it is LEGALLY his or hers.

In reply to an earlier post on Feb 5, 2015 12:21:04 PM PST
K Christie says:
It is legal to sell them. I am in the textbook business, since 1979. Alabama tried to ban them but court ruled against them. Now legal to sell them.

Posted on Sep 14, 2015 9:39:21 PM PDT
Evan Koehn says:
If you sell instructor's editions on here, be careful. Buyers can buy it, then file an A-to-Z against you, have the order refunded and then not send your book back. I clearly described what my book was and offered for the buyer to return the item and Lookout Wholesale scammed me. I owned this book for years and I just gave away lots of money to a scammer. Sorry for venting, but anyhow, beware this company:

Lookout Wholesale, LLC
1712 Church Street, Chattanooga, TN 37421

In reply to an earlier post on Mar 15, 2016 10:16:36 AM PDT
karen taylor says:
Got me too!

In reply to an earlier post on Mar 15, 2016 1:23:15 PM PDT
Evan Koehn says:
I've seen a number of businesses pointing to 1712 Church Street, Chattanooga, TN 37421 besides Lookout Wholesale, LLC. Using Google's street view, it looks like a warehouse. The scammer must be changing business names when enough complaints have been filed. I wish Amazon would do something about this and reverse the A-to-Z. Anytime I try to call Amazon, I just talk to someone who struggles with English who won't do anything. I was scammed in September and have spent $0 at Amazon since this time. I miss Amazon, but I am determined to never spend another dollar at Amazon until they provide service and a resolution.

In reply to an earlier post on Mar 15, 2016 1:38:20 PM PDT
Ann W says:
You CAN sell them on Abe, Allibris, Valore, Biblio, TexbookRush and TextbookX. I sell them all the time!! Just don't sell on Amazon, they can shut you down. I hope someday Amazon will start allowing them! Hope this helps.
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Discussion in:  Textbook Buyback forum
Participants:  14
Total posts:  35
Initial post:  Jun 1, 2011
Latest post:  Mar 22, 2016

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