First Sale Doctrine: Intellectual Property Forum

HabeasTortoise · Post by **HabeasTortoise** » Sun Dec 14, 2014 3:09 pm

Can anyone lend a hand with this simple question: consumers who buy a copyrighted work lawfully have the exclusive right to dispose of it or resell it. However, how does this apply in the context of an initial release of a book where say a publisher buys 1,000 books but is told not to start selling until a certain date. I have my exam tomorrow and know the teacher said something about this but can't find the answer. Thanks!

Desert Fox · Post by **Desert Fox** » Sun Dec 14, 2014 3:18 pm

HabeasTortoise wrote:Can anyone lend a hand with this simple question: consumers who buy a copyrighted work lawfully have the exclusive right to dispose of it or resell it. However, how does this apply in the context of an initial release of a book where say a publisher buys 1,000 books but is told not to start selling until a certain date. I have my exam tomorrow and know the teacher said something about this but can't find the answer. Thanks!

It's probably a breach of contract issue.

FSK · Post by **FSK** » Sun Dec 14, 2014 3:22 pm

Yeah, depends on if acquisition in breach of contract to which you were not actually aware is unlawful, under 17 USC § 109(a). I'd probably say no, because your purchase was not unlawful, but likely depends on how the publisher/retailer contract is structured and on substantive contract law.

redtalun · Post by **redtalun** » Mon Dec 15, 2014 2:49 am

Desert Fox wrote:
HabeasTortoise wrote:Can anyone lend a hand with this simple question: consumers who buy a copyrighted work lawfully have the exclusive right to dispose of it or resell it. However, how does this apply in the context of an initial release of a book where say a publisher buys 1,000 books but is told not to start selling until a certain date. I have my exam tomorrow and know the teacher said something about this but can't find the answer. Thanks!
It's probably a breach of contract issue.

Yes, it can be a contract issue, but OP sounds more interested in whether the author has a cause of action for copyright infringement.

Answer will hinge on whether the publisher is a licensee or owner of the copies of the copyrighted work. See Vernor v. Autodesk, 621 F.3d 1102 (CAFC '10).

postard · Post by **postard** » Mon Dec 15, 2014 12:14 pm

Yeah, pretty sure that hypo is drawn from that Hunt for Red October case that showed up in my contracts textbook.

HabeasTortoise · Post by **HabeasTortoise** » Mon Dec 15, 2014 12:19 pm

Thanks so much guys!

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