K. Crews, here.
Showing posts with label First Sale Doctrine. Show all posts
Showing posts with label First Sale Doctrine. Show all posts
Wednesday, March 20, 2013
Tuesday, March 19, 2013
Supreme Court on the "first sale" doctrine and copyrighted works lawfully made abroad
Kirtsaeng v. John Wiley & Sons, Inc., No. 11–697, here.
The questions:
"Putting section numbers to the side, we ask whether
the “first sale” doctrine applies to protect a buyer or other
lawful owner of a copy (of a copyrighted work) lawfully
manufactured abroad. Can that buyer bring that copy
into the United States (and sell it or give it away) without
obtaining permission to do so from the copyright owner?
Can, for example, someone who purchases, say at a used
bookstore, a book printed abroad subsequently resell it
without the copyright owner’s permission?", p. 6.
The answer:
"In our view, the answers to these questions are, yes. We
hold that the “first sale” doctrine applies to copies of a
copyrighted work lawfully made abroad."
Some competition scholar's highlights:
"The “first sale” doctrine is a common-law doctrine with
an impeccable historic pedigree", p. 18.
"American law too has generally thought that competition, including freedom to resell, can work to the advantage of the consumer", p. 19.
"the Constitution’s language
nowhere suggests that its limited exclusive right should
include a right to divide markets or a concomitant right
to charge different purchasers different prices for the same
book, say to increase or to maximize gain...(T)o the contrary, Congress enacted a copyright law that
(through the “first sale” doctrine) limits copyright holders’
ability to divide domestic markets. And that limitation is
consistent with antitrust laws that ordinarily forbid market divisions.", p. 32.
The questions:
"Putting section numbers to the side, we ask whether
the “first sale” doctrine applies to protect a buyer or other
lawful owner of a copy (of a copyrighted work) lawfully
manufactured abroad. Can that buyer bring that copy
into the United States (and sell it or give it away) without
obtaining permission to do so from the copyright owner?
Can, for example, someone who purchases, say at a used
bookstore, a book printed abroad subsequently resell it
without the copyright owner’s permission?", p. 6.
The answer:
"In our view, the answers to these questions are, yes. We
hold that the “first sale” doctrine applies to copies of a
copyrighted work lawfully made abroad."
Some competition scholar's highlights:
"The “first sale” doctrine is a common-law doctrine with
an impeccable historic pedigree", p. 18.
"American law too has generally thought that competition, including freedom to resell, can work to the advantage of the consumer", p. 19.
"the Constitution’s language
nowhere suggests that its limited exclusive right should
include a right to divide markets or a concomitant right
to charge different purchasers different prices for the same
book, say to increase or to maximize gain...(T)o the contrary, Congress enacted a copyright law that
(through the “first sale” doctrine) limits copyright holders’
ability to divide domestic markets. And that limitation is
consistent with antitrust laws that ordinarily forbid market divisions.", p. 32.
Thursday, November 15, 2012
Tuesday, November 06, 2012
Tuesday, October 30, 2012
Monday, October 29, 2012
Thursday, October 25, 2012
Wednesday, September 05, 2012
Monday, September 03, 2012
Friday, August 10, 2012
Monday, April 16, 2012
Monday, January 09, 2012
Tuesday, November 15, 2011
Wednesday, August 17, 2011
First sale doctrine and copies manufactured outside the U.S.
John Wiley & Sons v. Kirtsaeng, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, Docket No. 09-4896-cv, here.
Thursday, June 23, 2011
Monday, June 20, 2011
Tuesday, June 14, 2011
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Ofcom.org.uk, here .
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Technology Review, here .
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J. Song, here .
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EnGadget, here . Qualcomm's Answer and Counterclaims here .
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G. Soros, here.
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OECD Digital Economy Papers, here .
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Los Angeles Times, here .
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G. Massarotto, here .
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J. Brill, here . Video, here (featuring also Bill Kovacic).