3/19/13

Kirtsaeng v. Wiley: Upholding First Sale Doctrine on Works Manufactured Abroad

Image [cc] cseeman
That celebratory sound you heard from your local library today was your librarian reading the Kirtsaeng v. Wiley (PDF) case handed down by the US Supreme Court this morning. I've added a statement on the case from The Owners' Rights Initiative, about the Supreme Court ruling that even books purchased outside the United States are subject to the 'First Sale Doctrine' as long as they are legally purchased (piracy is still a no-no), and brought into the United States. As Duke University's Kevin Smith wrote about the decision, "It seems that libraries have really ducked a bullet here." However, he also warns that we should also be on the lookout for changes in the First Sale Doctrine brought in by the publishers through the US Congress. So, stay vigilant my librarian friends!!




Owners’ Rights Initiative Applauds Supreme Court Decision in
Kirtsaeng v. Wiley Case

March 19, Washington, D.C. – The Owners’ Rights Initiative (ORI) issued the following statement today after the U.S. Supreme Court issued a 6-3 opinion in favor of Kirtsaeng, reversing the Second Circuit Court decision. The majority opinion, authored by Justice Breyer, clearly affirmed that the Copyright Act was not intended, and cannot be misconstrued, to limit the distribution of authentic goods. Andrew Shore, Executive Director of ORI said:

“ORI is gratified by the U.S. Supreme Court’s decision in favor of Supap Kirtsaeng in this important copyright case. This decision is a landmark win for consumers, small businesses, online marketplaces, retailers and libraries nationwide and an affirmation of the ORI motto, ‘you bought it, you own it.’ This decision definitively affirms the first sale doctrine, cementing the right of consumers and organizations to sell, lend and give away goods that they bought and own, regardless of where those goods were made.

“While we are energized by this decision, we expect that some will continue attempts to eliminate owners’ rights, reduce competition in the marketplace and restrict the global trade of authentic goods. ORI will continue to be vigilant and diligent in protecting owners’ rights now and in the future and we expect policymakers to do the same.”

Many ORI members have issued statements about the Supreme Court’s opinion. These comments will be made available on the ORI website at www.ownersrightsinitiative.org

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About Owners’ Rights Initiative
The Owners’ Rights Initiative (ORI) is a diverse coalition of businesses, associations and organizations that have joined together to protect ownership rights in the United States. ORI believes in the fundamental premise that if you bought it, you own it, and should have the right to sell, lend or give away your personal property. Members include:  American Free Trade Association, American Association of Law Libraries, American Library Association, Association of Service and Computer Dealers International and the North American Association of Telecommunications Dealers (AscdiNatd), Association of Research Libraries, Computer and Communications Industry Association, Chegg, CXtec, eBay Inc., Etsy, Goodwill Industries International, Home School Legal Defense Association (HSLDA), Impulse Technology, International Imaging Technology Counsel (ITC), Internet Commerce Coalition, Just Between Friends, Network Hardware Resale, Overstock.com, Inc., Powell’s Books, Quality King Distributors, Radwell International, Redbox, United Network Equipment Dealers Association (UNEDA), and XS International. 


Visit http://ownersrightsinitiative.org for more information.
 

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