RheaTeam B wk3 paper with IRAC
Learning Team B Reflection: Week 3 IRAC Brief
Learning Team B: Rhea Carson, Elspeth Flynn, Matthew Cable, Dusty Henson, Joseph Spurling
LAW531
October 21, 2014
Janice Scott
IRAC: Kirtsaeng v. John Wiley & Sons
Case
Kirtsaeng v. John Wiley & Sons
Issue
Whether first-sale doctrine codified in 17 U.S.C. § 109(a) is applicable to John Wiley & Sons copyrighted works manufactured and bought abroad, resold in the United States by Kirtsaeng without the owner’s permission. Is this a violation of the Copyright Owner’s rights or was he protected under the First Sale Doctrine?
Rule
The first sale doctrine states that an individual who purchases a legally produced copyrighted work may sell or dispose of the work as that person sees fit ("Offices of the United States Attorney", 2014).
According to "Uslegal.com" (2001-2014), “The Copyright Act (“Act”) of 1976 provides basic rights to the copyright holder. This Act preempts all previous copyright laws of the U.S. The Act provides for certain rights to the copyright holder like:
1. The right to reproduce (copy);
2. The right to create derivative works of the original work;
3. The right to sell, lease, or rent copies of the work to the public;
4. The right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and
5. The right to display the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audiovisual work)” (Copyright act of 1976 Law & Legal Definition).
Analysis
John Wiley & Sons brought a law suit against a Cornell student, Supap Kirtsaeng for buying cheaper textbooks in Thailand, his home country, and selling them on eBay to his classmates and other students in the United States. The price difference between the books sold in Thailand and the books sold in the United States was so large that Kirtsaeng made 1.2 million dollars
Learning Team B: Rhea Carson, Elspeth Flynn, Matthew Cable, Dusty Henson, Joseph Spurling
LAW531
October 21, 2014
Janice Scott
IRAC: Kirtsaeng v. John Wiley & Sons
Case
Kirtsaeng v. John Wiley & Sons
Issue
Whether first-sale doctrine codified in 17 U.S.C. § 109(a) is applicable to John Wiley & Sons copyrighted works manufactured and bought abroad, resold in the United States by Kirtsaeng without the owner’s permission. Is this a violation of the Copyright Owner’s rights or was he protected under the First Sale Doctrine?
Rule
The first sale doctrine states that an individual who purchases a legally produced copyrighted work may sell or dispose of the work as that person sees fit ("Offices of the United States Attorney", 2014).
According to "Uslegal.com" (2001-2014), “The Copyright Act (“Act”) of 1976 provides basic rights to the copyright holder. This Act preempts all previous copyright laws of the U.S. The Act provides for certain rights to the copyright holder like:
1. The right to reproduce (copy);
2. The right to create derivative works of the original work;
3. The right to sell, lease, or rent copies of the work to the public;
4. The right to perform the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture, or other audiovisual work), and
5. The right to display the work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audiovisual work)” (Copyright act of 1976 Law & Legal Definition).
Analysis
John Wiley & Sons brought a law suit against a Cornell student, Supap Kirtsaeng for buying cheaper textbooks in Thailand, his home country, and selling them on eBay to his classmates and other students in the United States. The price difference between the books sold in Thailand and the books sold in the United States was so large that Kirtsaeng made 1.2 million dollars
References: Copyright Act of 1976 -- First Sale Doctrine -- Kirtsaeng v. John Wiley & Sons, Inc. (2013). Harvard Law Review, 127(1), 348-357 Keegan, T. (2012). John Wiley & Sons, Inc. v. Kirtsaeng. New York Law School Law Review, 57(1), 185-202 Lee Wilson, O. (2014). Does Kirtsaeng v. Wiley Open the Door for an Abuse of the First-Sale Doctrine? Lu, Z. Z., & Jarons, S. (2013). KIRTSAENG v. JOHN WILEY & SONS INC. (11-697). Federal Lawyer, 60(1), 75-77. Mullin, J. (2013). arsrtechnica. Retrieved from http://arstechnica.com/tech-policy/2013/03/thai- student-protected-by-first-sale-supreme-court-rules/ Offices of the United States Attorney USLegal. (2014). Retrieved from http://definitions.uslegal.com/c/copyright-act-of-1976/