Court will Hear First Sale Doctrine Case

from Kravets, David (4/12/2012) Supreme Court to Revisit ‘First-Sale’ Copyright Doctrine. Wired. Retrieved from http://www.wired.com/threatlevel/2012/04/scotus-first-sale-revisted.

First-sale doctrine generally allows the purchaser of any copyrighted work to re-sell, lend, cut up, destroy or use the work in other ways without the copyright holder’s permission. Recently there has been a grey area for works purchased, legally, from one country but sold with a discount in other countries. Many cases were for software services. The high court in 2010 said the first-sale doctrine did not apply to overseas purchases of copyrighted works which were imported for resale in the United States. John Wiley & Sons sells textbooks, globally. An enterprising young man pursued purchase of several copies of Wiley textbooks in foreign countries to resell in the U.S. Supap Kirtsaeng, sold textbooks on eBay purchased overseas to U.S.-based students without the publisher’s consent. The publisher sued, and a New York federal jury agreed with John Wiley & Sons’ position the first-sale doctrine did not apply, and awarded $600,000 in damages for copyright infringement. A federal appeals court upheld the judgment. So is this more a question of trade agreements which was absent in the discussion or is it really about copyright?

 

Comments

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[loriIncociata]

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[Teyah]

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