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May copyrighted works be resold in the US without the publisher’s permission?

Supreme Court to consider the “first sale doctrine” and “gray market” goods

Nov. 7, 2012 - PRLog -- The Supreme Court is set to hear arguments this week in a case involving the resale of copyrighted works in the United States that were originally manufactured and sold abroad.  The hearing follows a $600,000 appeals court judgment against a college student, Supap Kirtsaeng, who sold foreign editions of textbooks online to pay for his tuition.  Key to the Court’s analysis will be its interpretation of the “first sale doctrine” and how that intermeshes with policy surrounding “gray market” goods.

“U.S. intellectual property laws are typically relegated to activities in the U.S.  We often find the language of these laws unclear or ambiguous when applied in today’s world of increased international trade,” explains Darin M. Klemchuk, Copyright Trial Lawyer.

“There are far reaching implications for this ruling.  Everyone knows copyright holders in the entertainment and publishing industries are concerned about their bottom lines, but the possible negative impacts to domestic jobs and consumers make this a must-watch situation,” predicts copyright attorney, Todd Basile.

About Klemchuk Kubasta LLP:

Based in Dallas, Texas, Klemchuk Kubasta LLP is an IP boutique law firm that offers comprehensive intellectual property legal services, including litigation and enforcement of all forms of intellectual property as well as registration and licensing of patents, trademarks, trade dress, and copyrights.  The firm also provides legal services relating to domain names, e-commerce, privacy policies, social media, Internet law, commercial and business litigation, technology transactions, and international business & trade.  Additional information about the firm and its attorneys may be found at www.kk-llp.com.

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Source:Klemchuk Kubasta LLP
Location:Dallas - Texas - United States
Tags:Copyright, Exhaustion, First Sale, Gray Market, International
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