First Sale Doctrine Textbooks

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
News & Analysis as of

Copyright Antitrust Claims Against Textbook Publishers Dismissed in Longstanding Gray Market Copyright Case

It is no secret that college textbooks are expensive, and the average student has little recourse when a professor assigns specific books and editions. Stuck between a rock and a hard place, over the years students have...more

TC's inside IP - Summer 2013: Supreme Court Establishes International Copyright Exhaustion - But What About Patents?

In a much anticipated case, the U.S. Supreme Court ruled on March 19, 2013 in Kirtsaeng v. John Wiley & Sons that the “first sale” or “exhaustion” doctrine of U.S. Copyright law, which allows resale of copyrighted materials,...more

Supreme Court Corner - Q2 2013

Bowman v. Monsanto Co. - Decided: 5/13/2013 - Patent - Holding: (9-0) Patent rights are exhausted for only original seed sold. Bowman, a farmer, purchased and planted Monsanto’s patented...more

A Supreme Court Win for U.S. Consumers

In a 6 to 3 decision handed down on March 19, 2013, the United States Supreme Court chalked up a rare victory for consumers over text book publishers, record labels, and others who sought to restrain the resale of copyrighted...more

International Reach Given to First Sale Doctrine in Kirtsaeng Deals a Blow to Copyright Owners

In a decision likely to have broad implications on international consumerism and alternative markets, the Supreme Court, in Kirtsaeng v. John Wiley & Sons, articulated the contours of the Copyright Act’s first sale doctrine...more

Does the First Sale Rule Apply to Works Manufactured Outside the United States?

Under the Copyright Act, copyright owners are granted the exclusive right to prevent the unauthorized sale or distribution of copies of their works to the public. The first sale doctrine creates an exception to this rule by...more

Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales

The Supreme Court recently heard oral arguments concerning the global reach of domestic copyright law. At issue in Kirtsaeng v. John Wiley & Sons is the first sale doctrine, which permits the owner of a copyrighted item to...more

SCOTUS Takes "Grey Market" Goods Resale Case  [Video]

April 20 (Bloomberg Law) -- This week the U.S. Supreme Court agreed to consider whether discount retailers violate copyright laws by selling tens of billions of dollars in "grey market" products that were first bought...more

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