Glendale, AZ asked in Copyright for New York

Q: Does Person B have a case to make for copyright infringement when the item isn't theirs to begin with?

Person A sells a digital product with a book to Person B that's copyright protected from a company that Person A isn't affiliated with. The payment is done through an online money sending service. Person B then tries to blackmail Person B by saying the product is outdated (when the product is up to date) and didn't receive the book (which there's proof that Person B did receive the book) put in a claim through Paypal asking for at least a partial refund. Person B says if he doesn't get a partial refund, he would take legal action using copyright infringement as a reason for his dispute through Paypal. Does Person B have a case? If not, what should Person A do?

Related Topics:
1 Lawyer Answer
Tim Akpinar
Tim Akpinar
Answered
  • Little Neck, NY
  • Licensed in New York

A: It would be best if a copyright attorney answered your question, but you await a response for two weeks. In the age of traditional paper textbooks, this issue never really came up - students freely sold their used textbooks all the time without a second thought. But digital teaching materials changed things, and to answer your question properly, a copyright attorney would probably need to see the terms of usage for the digital resources. Good luck

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.