Reviewing the scope of the US Supreme Court´s "First-Sale" Doctrine

21.11.2012

 

On October 29 2012, the US Supreme Court reviewed, during the case Kirtsaeng v. John Wiley & Sons Inc., the “First-Sale” Copyright Doctrine scope. The case involved Supap Kirtsaeng, which resold textbooks by eBay, electronic format textbooks he had purchased lawfully in Thailand but which holder was John Wiley & Sons Inc., an enterprise from  the United States, country where the textbooks of Kirtsaeng had been commercialized.

The “First- Sale” Copyright Doctrine has been circumscribe, according to the Supreme Court only  for the national territory, which means for this case, that even if the books were acquired and subsequently legally copied abroad and then the copies made imported to the  United States, it is necessary to obtain the authorization of the right holder for this copied  texts, since according to the Supreme Court doctrine “first-sale” does not apply to goods manufactured abroad.

Although the sentence has been appealed there are great possibilities that the decision will not change, because this decision was been supported by many. So, we can understand that this is a new standard regarding the exhaustion of the copyrights in the United States, which in the future can generate mayor complications in relation to new technologies and the ways of transfer online copyrights protected works. 

Written by: Eliana Valenzuela Araujo

Source: Wired & Oyez Blog

Image: Collegexperience.net



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