Not a Lexis+ subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
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 books that had been manufactured outside the United States under a license from the publisher, John Wiley & Sons. The publisher prevailed in a suit for copyright infringement, because both the district court and the Second Circuit rejected the petitioner's first sale defense, finding it inapplicable to copies manufactured outside of the United States. Kirtsaeng v. John Wiley & Sons, Inc., 654 F.3d 210 (2d Cir. 2011) [enhanced version available to lexis.com subscribers], cert. granted, 132 S.Ct. 1905, 2012 U.S. Lexis 2905 (Apr. 16, 2012).
The Second Circuit went on to apply its Kirtsaeng decision in Pearson Education, Inc. v. Kumar, 721 F. Supp.2d 166 (S.D.N.Y. 2010) [enhanced version available to lexis.com subscribers], aff'd sub nom. Pearson Education, Inc. v. Yadav, 452 Fed. Appx. 11 (2d Cir. 2011) [enhanced version available to lexis.com subscribers], pet. for cert. filed, No. 11-1343 (May 3, 2012). The district court held that the first sale rule did not apply to copies made outside the United States, then imported and sold to U.S. purchasers through the Internet, and the Second Circuit affirmed on the strength of Kirtsaeng. The Supreme Court's decision in Kirtsaeng will probably resolve the issues in in Pearson Education as well.
Sign in with your Lexis.com ID to access the full text of this article (approx. 4 pages).
Click here to order the full text of this article if you do not have a Lexis.com ID
....
Sign in with your Lexis.com ID to access Copyright Law resources on Lexis.com or any of these Mathew Bender Copyright Law publications.
Click here to order Copyright Law treatises/resources and Mathew Bender publications.
LexisNexis Publications:
View the LexisNexis Catalog of Legal and Professional Publications
LexisNexis eBooks
Click here for a list of available LexisNexis eBooks.
Click here to learn more about LexisNexis eBooks.
For more information about LexisNexis products and solutions connect with us through our corporate site.