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First Sale Doctrine: Intellectual Property
Posted: Sun Dec 14, 2014 3:09 pm
by HabeasTortoise
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!
Re: First Sale Doctrine: Intellectual Property
Posted: Sun Dec 14, 2014 3:18 pm
by Desert Fox
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.
Re: First Sale Doctrine: Intellectual Property
Posted: Sun Dec 14, 2014 3:22 pm
by FSK
Yeah, depends on if acquisition in breach of contract to which you were not actually aware is unlawful, under 17 USC ยงย 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.
Re: First Sale Doctrine: Intellectual Property
Posted: Mon Dec 15, 2014 2:49 am
by redtalun
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).
Re: First Sale Doctrine: Intellectual Property
Posted: Mon Dec 15, 2014 12:14 pm
by postard
Yeah, pretty sure that hypo is drawn from that Hunt for Red October case that showed up in my contracts textbook.
Re: First Sale Doctrine: Intellectual Property
Posted: Mon Dec 15, 2014 12:19 pm
by HabeasTortoise
Thanks so much guys!