Supreme Court Holds "First Sale" Doctrine Applies to Grey Market Goods -- Resale of Copyrighted Items Made Overseas Not Copyright Infringement

FulbrightandJaworski@placeholder.com (Fulbright and Jaworski L.L.P. ) — Wed, 24 Apr 2013 17:43:00 -0400

by Laura J. Borst, Rita Weeks and Shelby Knutson

Excerpt:

In a landmark ruling on March 19th, the Supreme Court held in Kirtsaeng v. John Wiley & Sons, Inc., No. 11-697, 2013 U.S. LEXIS 2371 (2013) [an enhanced version of this opinion is available to lexis.com subscribers], that the "first sale" doctrine - which permits lawfully acquired copies of copyrighted works to be resold by their owners - also applies to works manufactured overseas.

By holding that

Supreme Court Endorses International Copyright Arbitrage

KenyonandKenyon@placeholder.com (Kenyon & Kenyon LLP) — Fri, 29 Mar 2013 12:03:00 -0400

by Frank L. Bernstein and Jonathan D. Reichman

In a much-awaited decision, Kirtsaeng v. John Wiley & Sons, Inc., (lexis.com subscribers may access Supreme Court briefs and

Supreme Court Vacates, Remands in Dispute over Textbook Copyrights

melissa.ritti@lexisnexis.com (Melissa Ritti) — Mon, 25 Mar 2013 11:51:00 -0400

WASHINGTON, D.C. - (Mealey's) Citing its ruling last week in Kirtsaeng v. John Wiley & Sons Inc. (568 U.S. ___ [2013] (lexis.com subscribers may access Supreme Court briefs and the opinion for this case); See 11/5/12, Page 4), the U.S. Supreme Court on March 25 granted certiorari in another dispute

Selling Copyrighted Goods Manufactured Abroad is not Copyright Infringement

Sands.Anderson@placeholder.com (Sands Anderson PC) — Wed, 20 Mar 2013 11:43:00 -0400

by Donna Ray Berkelhammer

The US Supreme Court ruled 6-3 on March 19 that once you buy a work covered by U.S. copyright law, you may resell that product in the U.S., no matter where it was lawfully manufactured. This is an important decision for second-hand shops, discounters, online auction sites, museums and libraries.

The

Supreme Court Reverses, Says First Sale Doctrine Applies in Copyright Case

melissa.ritti@lexisnexis.com (Melissa Ritti) — Tue, 19 Mar 2013 15:35:00 -0400

WASHINGTON, D.C. - (Mealey's) A student accused of copyright infringement prevailed at the U.S. Supreme Court, which held in a divided ruling March 19 that the first sale doctrine applies to lawfully made works manufactured abroad and imported to the United States (Supap Kirtsaeng d/b/a BlueChristine99 v. John Wiley & Sons Inc., No. 11-697, U.S. Sup.; See 11/5/12, Page 4.) (lexis.com subscribers may access Supreme Court briefs and The world's greatest detective could be yours free of licensing fees as a recent complaint seeks to establish the boundaries of Sherlock Holmes' entry into the public domain.

Yesterday, Leslie S. Klinger, the author and editor of multiple Sherlock Holmes' articles and books, filed a declaratory judgment action against Sir Arthur

Sony’s Woody Allen Film the Target of William Faulkner Copyright Case

Mon, 12 Nov 2012 11:40:00 -0400

Last month, Faulkner Literary Rights filed a copyright case against Sony Pictures Classics, accusing Sony of infringing a quote from William Faulkner's book, Requiem for a Nun. The original quote, "The past is never dead. It's not even past," was allegedly used in Woody Allen's movie, Midnight in Paris.

According to the In the upcoming Kirtsaeng case, the Supreme Court is expected to provide the long-awaited answer to the question whether copyright law's first sale rule applies only to domestically-manufactured copies. Mary LaFrance gives us a preview of the upcoming case and its implications.

Excerpt:

Background

The petitioner in Kirtsaeng imported and sold copyrighted

Print Disabilities Support Fair Use Judgment in New York Copyright Case against Universities’ HathiTrust

travis.burchart@lexisnexis.com (Travis Burchart) — Mon, 05 Nov 2012 07:01:00 -0400

Recently, the Southern District of New York granted defendants summary judgment in a copyright case attacking the HathiTrust Digital Library (HDL). The HDL, which houses digitized works from university libraries, is used for: (1) full-text searches; (2) preservation; and (3) to provide access for people with certified print disabilities. The court determined that defendants' present application of the HDL is protected by fair use. Authors Guild, Inc. v. Hathitrust, 2012 U.S. Dist. LEXIS 146169 (S.D.N.Y.

Stan Lee Media Sues Disney to Recover Copyrights to Comic Book Characters Spider Man, Iron Man, Hulk, Thor, X-Men, Fantastic Four & Avengers

travis.burchart@lexisnexis.com (Travis Burchart) — Tue, 16 Oct 2012 09:19:00 -0400

Last week, Stan Lee Media, Inc. (SLMI) sued The Walt Disney Company for copyright infringement. Stan Lee created many of Marvel Comics' most famous characters, including Spider Man, Iron Man, The Incredible Hulk, Thor, The X-Men, The Fantastic Four, and most of The Avengers. Disney has used these characters in the motion pictures Iron Man 2 (May, 2010), Thor (May, 2011), X-Men: First Class (June, 2011) Marvel's The Avengers (May, 2012) and The Amazing Spider Man (July

New York Court Rejects Paramount’s Preemption Argument in “The Godfather” Copyright Case

travis.burchart@lexisnexis.com (Travis Burchart) — Fri, 05 Oct 2012 10:21:00 -0400

The Southern District of New York recently refused to dismiss a breach of contract counterclaim asserted by the Estate of Mario Puzo against Paramount Pictures. Paramount Pictures Corp. v. Puzo, 2012 U.S. Dist. LEXIS 139827 (S.D.N.Y. Sept. 26, 2012) [enhanced version available to lexis.com subscribers]. The counterclaim is part of Paramount's copyright infringement

Fair Use & the Quotation of Song Lyrics in Fiction

Mon, 13 Aug 2012 08:19:00 -0400

By Stephen B. Harrison *

*Notes Editor, Washington University Law Review; J.D. candidate, Washington University School of Law 2013.

Excerpt from Fair Use & the Quotation of Song Lyrics in Fiction, 11 Chi.-Kent J. Intell. Prop. 214 (Spring, 2012).

INTRODUCTION

The question applies to a specific context: Should a fiction author be able to freely quote song lyrics in her work without fearing suit for

1st Circuit Finds Religious Text Copyrights Valid and Infringed by Archbishop

Wed, 08 Aug 2012 14:47:00 -0400

SAAB sues GM for $3 billion saying interference resulted in its Chapter 11 bankruptcy, and, the 1st Circuit finds religious text copyrights valid and infringed by an Archbishop. Hear these and other stories from LexisNexis® Mealey's Publications. Copyright © 2012 LexisNexis, a division of Reed Elsevier Inc. For the latest litigation news headlines, visit www.lexisnexis.com/community/mealeys

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In Soc'y of the Holy Transfiguration Monastery, Inc. v. Gregory, 2012 U.S. App. LEXIS 16025 (1st Cir. Mass. Aug. 2, 2012) [enhanced version available to lexis.com subscribers], the First Circuit held that a monastery's copyrights to translations

Nietzsche Ruckus Highlights Importance of Citations in Biographical Works

travis.burchart@lexisnexis.com (Travis Burchart) — Tue, 10 Jul 2012 15:05:00 -0400

This morning, I stumbled upon an article in the Chronicle of Higher Education entitled, When One Biographer 'Borrows' From Another, the Dispute Gets Philosophical. The article describes an academic storm that has been slowly growing in the biography genre; in particular, with regards to the citation to past works.

In 2010

Patents vs. 18th Century Satire: Which Will Do More to Protect Copyrights at the University Level?

travis.burchart@lexisnexis.com (Travis Burchart) — Thu, 28 Jun 2012 09:47:00 -0400

In 1729, Jonathan Swift wrote A Modest Proposal, in which he suggested that the impoverished Irish would benefit from selling their children as food to the rich. As Swift wrote:

I have been assured by a very knowing American of my acquaintance in London, that a young healthy child well nursed, is, at a year old, a most delicious nourishing and wholesome food, whether stewed, roasted, baked, or boiled; and I make no doubt that it will equally serve in a fricasie, or a ragoust.

Who's the Author? A Bright-Line Rule for Specially Commissioned Works Made for Hire

Fri, 22 Jun 2012 08:43:00 -0400

By Richard D. Palmieri*

*J.D. Candidate 2013, University of Richmond School of Law; M.S., 2005, North Carolina State University; B.S., 2003, North Carolina State University.

Excerpt from Who's the Author? A Bright-Line Rule for Specially Commissioned Works Made for Hire, 46 U. Rich. L. Rev. 1175 (May 2012)

Only one thing is impossible for God: to find any sense in any copyright law on the planet

Ballard Spahr LLP: GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

BallardSpahr@placeholder.com (Ballard Spahr LLP) — Wed, 23 May 2012 06:41:00 -0400

By members of the Intellectual Property Litigation Group

In a landmark decision on the nature of copyright law in the digital age, a federal judge in Atlanta has ruled in favor of officials at Georgia State University on nearly all the copyright infringement claims lodged by a trio of textbook publishers.

For the vast majority of claims, the judge concluded that the "fair use" doctrine protected the GSU professor's decision to allow students to access excerpts of textbooks online through Georgia

A Game of Thrones: Is Meltwater Attempting to Overthrow the AP as Content King?

travis.burchart@lexisnexis.com (Travis Burchart) — Thu, 17 May 2012 10:49:00 -0400

If you've read Game of Thrones or watched it on HBO, then you're probably aware of the general theme, which can be summarized in a single sentence from the book: "When you play the game of thrones, you win or you die."

The AP has long held the content throne, but an usurper - Meltwater - has come to challenge the content king. Meltwater - an aggregator or a search engine, depending on your kingly allegiance - is a media monitoring service that displays AP headlines and textual snippets to its users. In a recent copyright lawsuit, the AP attacked Meltwater's unlicensed display of AP content.

Agitation by Aggregation

The AP's
travis.burchart@lexisnexis.com (Travis Burchart) — Thu, 29 Mar 2012 08:13:00 -0400

On March 6^th, the Southern District of New York dismissed a trademark lawsuit filed against Oprah Winfrey, holding that Oprah's use of the phrase "Own Your Power" did not infringe plaintiff's trademark. The court held that Oprah's use constituted fair use under 15 U.S.C. § 1115(b).

The October 2010 O Magazine cover depicted the trademark "O

Copyrights Begin Revolt against Oppressive Patent Tyranny

travis.burchart@lexisnexis.com (Travis Burchart) — Thu, 08 Mar 2012 11:03:00 -0400

If intellectual property were a sovereign nation, patents might form the capital whereas copyrights might form a province (along with trademarks). The argument for this would be that original works of authorship are subordinate to patents and inventions. Assuming, without admitting, that this is true, copyrights might now be ready for a revolution. Two recent complaints serve as the first volley in a possible intellectual property war.

In the cases of American Institute of Physics v. Schwegman, Lundberg &

Sky Appears to Be Falling on Higher Education Copyright Policies

travis.burchart@lexisnexis.com (Travis Burchart) — Thu, 23 Feb 2012 11:54:00 -0400

I'm designating myself the Chicken Little of academic copyrights. Last week, I wrote about the lecture note monkeyshines at UC Berkley, where students are restricted from note sharing because of instructor copyrights. This week, I look up and see the sky falling at the University of Louisiana. There, it's the faculty, not the students, seeking sanctuary from the University's copyright policy.

"This is a thousand monkeys working at a thousand typewriters. Soon they'll have written the greatest novel known to man. Let's see. (reading) 'It was the best of times, it was the "blurst" of times'? You stupid monkey!"

I don't know if this would really work for monkeys, but what if you had a classroom of highly intelligent students writing as a collective? More

Supreme Court Upheld Constitutionality of Copyright Restoration: Golan v. Holder

mary.lafrance@unlv.edu (Mary LaFrance) — Thu, 09 Feb 2012 13:19:00 -0400

In Golan v. Holder [enhanced version available to lexis.com subscribers], the Supreme Court upheld the constitutionality of 17 U.S.C. § 104A, which

On the Frontlines of Fair Use: Library Association Publishes Code of Fair Use Best Practices

Wed, 25 Jan 2012 15:10:00 -0400

The Association of Research Libraries recently published a document entitled Code of Best Practices in Fair Use for Academic and Research Libraries. The document is a code of fair use practices to be used by the academic and research library community. It provides an overview of fair use and identifies eight situations that represent acceptable fair use practices. It also describes how fair use rights should apply in each situation. The Code, which was created in conjunction with American University, was put together using surveys, small group discussions, and copyright experts.

According to the Code, the eight library practices to which the fair use doctrine can be applied include:

Supporting Teaching and Learning with Access to Library Materials via Digital Technologies;

Copyrights Continue to Taunt the Public Domain

travis.burchart@lexisnexis.com (Travis Burchart) — Mon, 09 Jan 2012 15:33:00 -0400

Recently, Duke University's Center for the Study of the Public Domain posted an article on works published in 1955 that would have entered 2012's public domain but for the 1976 Copyright Act (effective 1978). Some of the works include:

J.R.R. Tolkien's The Return of the King

C.S. Lewis' The Magician's Nephew

Walt Disney's Lady and the Tramp

James Dean's Rebel Without a Cause

The songs Blue Suede Shoes and Folsom Prison Blues

The article makes its case

Copyright & Trademark Law Community Publishing

Supreme Court Holds "First Sale" Doctrine Applies to Grey Market Goods -- Resale of Copyrighted Items Made Overseas Not Copyright Infringement

Supreme Court Endorses International Copyright Arbitrage

Supreme Court Vacates, Remands in Dispute over Textbook Copyrights

Selling Copyrighted Goods Manufactured Abroad is not Copyright Infringement

Supreme Court Reverses, Says First Sale Doctrine Applies in Copyright Case

Sony’s Woody Allen Film the Target of William Faulkner Copyright Case

Print Disabilities Support Fair Use Judgment in New York Copyright Case against Universities’ HathiTrust

Stan Lee Media Sues Disney to Recover Copyrights to Comic Book Characters Spider Man, Iron Man, Hulk, Thor, X-Men, Fantastic Four & Avengers

New York Court Rejects Paramount’s Preemption Argument in “The Godfather” Copyright Case

Fair Use & the Quotation of Song Lyrics in Fiction

1st Circuit Finds Religious Text Copyrights Valid and Infringed by Archbishop

Nietzsche Ruckus Highlights Importance of Citations in Biographical Works

Patents vs. 18th Century Satire: Which Will Do More to Protect Copyrights at the University Level?

Who's the Author? A Bright-Line Rule for Specially Commissioned Works Made for Hire

Ballard Spahr LLP: GSU Scores a Victory for Academic Fair Use in Landmark Copyright Case

A Game of Thrones: Is Meltwater Attempting to Overthrow the AP as Content King?

Agitation by Aggregation

Copyrights Begin Revolt against Oppressive Patent Tyranny

Sky Appears to Be Falling on Higher Education Copyright Policies

Supreme Court Upheld Constitutionality of Copyright Restoration: Golan v. Holder

On the Frontlines of Fair Use: Library Association Publishes Code of Fair Use Best Practices

Copyrights Continue to Taunt the Public Domain