Ever wanted to actually make a profit on all of those expensive textbooks you had to buy in college or grad school? California graduate student Supap Kirtsaeng thought he had found a way when he bought his textbooks for a bargain overseas, and then resold them on eBay.com for a profit. The book publisher, John Wiley & Sons, sued Kirtsaeng for copyright infringement. The case revolves around the first-sale doctrine, which provides an exemption to the exclusive rights of a copyright owner that include the exclusive right of distribution. The first-sale doctrine provides that once a copyrighted product is lawfully sold or gratuitously transferred, the copyright owner’s interest in that single product is exhausted, and the owner of the product may further sell or transfer the work.

In Kirtsaeng v. John Wiley & Sons, Inc., however, the Court of Appeals for the 2nd Circuit affirmed a decision holding that the publisher does, in fact, retain the right to control the importation of its goods when those goods are made and distributed abroad and the copyright owner has not authorized a sale or distribution in the United States. Jurors awarded the publisher $600,000 for the infringement, but the publisher suggested, and the trial judge ordered, that Kirtsaeng turn over his golf clubs, computer, and printer instead.

Kirtsaeng is now appealing the ruling to the Supreme Court. The ABA has filed an amicus brief siding with the textbook publisher, arguing that the doctrine applies only to goods manufactured inside the United States, stating: “limiting the availability of the first-sale defense to goods manufactured domestically best comports with the text and structure of the Copyright Act.” The case is scheduled to be argued on October 29, so stay tuned.

Sources: http://www.abanow.org/2012/09/aba-amicus-brief-supports-publisher-in-kirtsaeng-v-john-wiley-sons-inc-copyright-case/ http://www.abajournal.com/news/article/aba_amicus_brief_sides_with_textbook_publisher_in_infringement_suit_over_eb/

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