Jennifer Howard reports in the Chronicle of Higher Education article, In Win for Libraries Over Publishers, Supreme Court Upholds Reselling of Foreign Books:
If you’re the legal owner of a copy of a book or other work copyrighted under U.S. law, the Supreme Court says you have the right to resell or give it away, even if it was made overseas. http://chronicle.com/article/In-Win-for-Libraries-Over/137999/?cid=at&utm_source=at&utm_medium=en
The Scotus Blog has a brief of the case:
Kirtsaeng v. John Wiley & Sons, Inc.
Docket No. Op. Below Argument Opinion Vote Author Term 11-697 2d Cir. Oct 29, 2012
Tr.Aud.Mar 19, 2013 6-3 Breyer OT 2012 Holding: The “first sale” doctrine, which allows the owner of a copyrighted work to sell or otherwise dispose of that copy as he wishes, applies to copies of a copyrighted work lawfully made abroad.
Judgment: Reversed and remaned, 6-3, in an opinion by Justice Breyer on March 19, 2013. Justice Kagan filed a concurring opinion in which Justice Alito joined. Justice Ginsburg filed a dissenting opinion in which Justice Kennedy joined, and in which Justice Scalia joined except as to Parts III and V–B–1.
SCOTUSblog Coverage
- · Opinion analysis: Justices reject publisher’s claims in gray-market copyright case
- · Argument recap: Justices skeptical of publisher’s position in gray-market copyright case
- · Argument preview: Court tries again on copyright importation problem
- · Is the new economy driving the Court’s docket?
- · Orders: One new grant, on copyright
http://www.scotusblog.com/case-files/cases/kirtsaeng-v-john-wiley-sons-inc/
Here is the defense of the Association of American Publishers, Understanding Kirtsaeng v. Wiley http://www.publishers.org/kirtsaeng-faq/
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