Q: Can I sell translated books in my online store?

A: I'm not sure I understand your question. Are you buying books from people who may or may not have the legal right to translate them? If that is the case, you should have a clause in your contract saying that (1) the seller represents and warrants that the seller has all legally required intellectual property rights and permissions to both translate and sell the books into the United States; and (2) if you are sued for copyright infringement, the seller would indemnify and defend you. At a high level, to "indemnify" someone means to pay the debts of another. So, for example, if you are sued because you are selling books that were translated by someone who did not have the rights to sell translated books into the United States, then the seller would have to pay any judgment or settlement for which you become responsible. Your contract should certainly have more terms in it than what I just mentioned, but these are a good start. Last point: if you are knowingly selling books that violate copyright laws, the penalty will be much higher than if you had no reason to know about the issue. Be wise. Copyright claims are very expensive to defend. Best wishes.

A: I like attorney King's analysis, however, you may be subject to penalties and problems if you fail to investigate, as well as if you actively know - whether the books are created in violation of copyright law. You cannot ignore obvious problems with copyright violations. The contract Ms. King suggests is good, if it is enforceable, but if the supplier is out of country, good luck enforcing the indemnity agreement. You get stuck with the judgment and they don't pay. The supplier is not the best source to determine if the translated version is an authorized translation. You have to go to the author. Think of a DVD of a movie, with a sound track in a different language- if not the original DVD, probably bootleg and a copyright violation. These DVD's go for $1 each in foreign countries because the manufacturers know the original producers cannot reach them. The same as your supplier.

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