Kirtsaeng: First Sale, Libraries, Parallel Markets ) TRLN Meeting July 13, 2012 Anne Gilliland—UNC Photo by Logan Ingalls Attribution 2.0 Generic (CC BY 2.0)

Facts in Kirtsaeng Photo by mksavage Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0) Grad student from Thailand Relatives bought textbooks overseas & Kirtsaeng resold in U.S. Textbooks were intended for foreign market Liable for copyright infringement—imported without rights holder’s permission

Issue: How do Section 602(a)(1) of the Copyright Act, which prohibits the importation of a work without the authority of the copyright’s owner, and Section 109(a) of the Copyright Act, which allows the owner of a copy “lawfully made under this title” to sell or otherwise dispose of the copy without the copyright owner’s permission, apply to a copy that was made and legally acquired abroad and then imported into the United States? ( files/cases/kirtsaeng-v-john-wiley-sons-inc/) Supreme Court Granted Certiorari Photo by Ancrew Deci Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

A Few Brief Copyright Basics Photo by Kristen Taylor Attribution 2.0 Generic (CC BY “Bundle of Rights – Reproduction – Make derivative works – Distribution – Public performance – Public display – Public performance through a digital audio transmission Limitations Wide Variety of Things Can be Copyrighted

Physical Ownership vs. Ownership of Copyright Photo by opensource.com Photo by opensource.com First sale doctrine Codified in Section 109 – Libraries get special treatment Doctrine of exhaustion

Section 602: Infringing Importation or Exportation Photo by Logan Ingalls Attribution 2.0 Generic (CC BY 2.0) Importation of copyrighted work “without the authority of the owner…under this title…is an infringement.” Circuits split on how to interpret Libraries get limited special treatment under 602

Parallel Markets, Quality King, Costco Parallel markets have increased Quality King: “round trip” sale & distribution limited by Section 109 Costco—Supreme Court tied in 2010

Library Copyright Alliance Amicus Brief Wording & meaning of the statutes Policy concerns Other alternatives (none of them great)

Is the Sky Falling? Photo by Alexander Vaughn Attribution 2.0 Generic (CC BY 2.0)