Sorry one last thing before I head off to dinner. I find it pretty specious of the defense lawyer to claim this was or would lead to rights holders manufacturing items outside the US to prevent them from being subject to the right of first sale. What the rights holder was objecting to in this case was importing cheaper copies of materials already available in the US to undercut their market. There is no reason to believe Wiley had any intention to limit first sale rights to copies they did in fact sell in the US.
On Tue, Aug 16, 2011 at 6:18 PM, Claire Stewart < claire-stew...@northwestern.edu> wrote: > The issue of encouraging printing/production to go overseas was > specifically discussed in the court proceedings. You'll see it summarized in > the document Deg sent. > > I can see why it's confusing, but the fact that section 109 is generally > referred to as the first sale doctrine does not mean that it only applies to > commercial transactions. It limits the copyright holder's control to the > initial sale of the work, and permits them no right to control what is done > with the work once purchased. It's what makes it legal for secondhand > bookstores to exist, for libraries to loan books for free, and, yes, for me > to loan a book to a friend. > > Claire > > From: Jessica Rosner <jessicapros...@gmail.com> > Reply-To: <videolib@lists.berkeley.edu> > Date: Tue, 16 Aug 2011 17:48:25 -0400 > > To: <videolib@lists.berkeley.edu> > Subject: Re: [Videolib] Not specifically video - Court rules limits on > rule of first sale for works manufactured outside the US > > OK I know this seems like the world turned upside down in terms of my > saying the law would still permit both sale and loan of the material. There > are two key bits here, one is that you are buying the item DIRECTLY from the > source ( at least in my view) you are NOT importing it for resale. Inter > library loan is not a sale. The way you are interpreting this it would be > illegal for a person to buy a copy of book or DVD from any Amazon site > overseas and loan it to a friend. Right of first sale is what allows > something to be RESOLD, I don't anywhere that it would limit a loan or > library circulation. > > I also don't see where it would encourage publishers or studios to produce > material overseas. I think that is way too literal. If Sony or Random House > has the copies that they sell IN THE US, made in Mexico it would not make > them no longer available to be resold. The issue here and in Cosco involved > third party sales. > > On Tue, Aug 16, 2011 at 5:27 PM, Claire Stewart < > claire-stew...@northwestern.edu> wrote: > >> Regardless of how the work was acquired or brought to the U.S., the >> ruling that has been made appears to say that first sale does not apply to >> works manufactured abroad. If that were so, libraries would not be able to >> rely on first sale to loan (via regular circulation services, via ILL, via >> anything) copies that weren't produced inside the United States. That's >> pretty basic library rights stuff, and it's a pretty big deal. You can also >> see how it would entice producers to offshore all of their printing and >> production operations, because once they're making stuff outside of the >> U.S., no matter how it's acquired or brought into the U.S. (via resellers >> with appropriate distribution rights nor not), there would be no right of >> first sale. I don't think anyone is overreacting in thinking this is a big >> news. >> >> Claire >> >> From: Jessica Rosner <jessicapros...@gmail.com> >> Reply-To: <videolib@lists.berkeley.edu> >> Date: Tue, 16 Aug 2011 14:44:12 -0400 >> >> To: <videolib@lists.berkeley.edu> >> Subject: Re: [Videolib] Not specifically video - Court rules limits on >> rule of first sale for works manufactured outside the US >> >> No I don't think so. This was a commercial case of a company importing >> cheaper copies to sell in the US. I don't think library copies legally >> purchased from outside the US would be effected. >> >> You may not believe this but companies are not that petty and don't have >> that much time unless like this is a widespread attempt to profit on >> someone's copyright or contract. >> >> On Tue, Aug 16, 2011 at 2:40 PM, Beth Clausen <b-clau...@northwestern.edu >> > wrote: >> >>> The big news for libraries is the potential negative effect on >>> Interlibrary Loan. If this holds – it is expected that this may nullify the >>> first sale doctrine for foreign-manufactured materials such as books (and >>> dvds) and therefore limit a library’s ability to loan the items. Can’t >>> imagine having to start to explain this to patrons – or try to follow this. >>> **** >>> >>> ** ** >>> >>> At least this is my understanding…but I’m not a lawyer. I look forward to >>> some statements by people who are experts in both the law and libraries. >>> **** >>> >>> ** ** >>> >>> --Beth**** >>> >>> ** ** >>> >>> Beth E. Clausen**** >>> >>> Head, Access Services **** >>> >>> Northwestern University Library**** >>> >>> Evanston, IL 60208**** >>> >>> 847-491-2891**** >>> >>> b-clau...@northwestern.edu**** >>> >>> ** ** >>> >>> *From:*videolib-boun...@lists.berkeley.edu [mailto: >>> videolib-boun...@lists.berkeley.edu] *On Behalf Of *Jessica Rosner >>> *Sent:* Tuesday, August 16, 2011 1:23 PM >>> *To:* videolib@lists.berkeley.edu >>> *Subject:* Re: [Videolib] Not specifically video - Court rules limits on >>> rule of first sale for works manufactured outside the US**** >>> >>> ** ** >>> >>> Well yes it is. Some companies have done this with DVDs in the US. It has >>> always been a grey area but there are whole web sites/companies that sell >>> say Israeli or Indian films in the US. However there the issue is much more >>> complex because in general these are copies purchase and regular retail >>> wholesale prices. I think another issue here would be if the same titles had >>> any US distribution and for new releases in particular there tends to be a >>> lag time so say Kino, Zeitgeist and others get screwed when a film they >>> bought shows up on eBay & Amazon etc being sold from a US location. >>> >>> I would add that this should not impact buying legal copies of films from >>> vendor's outside the US**** >>> >>> On Tue, Aug 16, 2011 at 2:15 PM, <ghand...@library.berkeley.edu> wrote:* >>> *** >>> >>> This is news? >>> >>> gary**** >>> >>> >>> >>> > Breaking news: >>> > >>> > NEW YORK, Aug 15 (Reuters) - In a ruling of first impression, a U.S. >>> > appeals court on Monday held that it is illegal to import and sell >>> > copyrighted works manufactured outside the United States without the >>> > copyright owner's permission. >>> > >>> > Detailed report here: >>> > >>> > >>> http://newsandinsight.thomsonreuters.com/Legal/News/2011/08_-_August/Copyright_owners_win_broader_rights_for_works_made_abroad_-court/ >>> > >>> > -deg >>> > >>> > >>> > >>> > -- >>> > deg farrelly, Full Librarian >>> > Mail Code 1006 >>> > Arizona State University >>> > P.O. Box 871006 >>> > Tempe, AZ 85287 >>> > Phone: 480.965.1403 >>> > Email: deg.farre...@asu.edu >>> > >>> > >>> > VIDEOLIB is intended to encourage the broad and lively discussion of >>> > issues relating to the selection, evaluation, acquisition,bibliographic >>> > control, preservation, and use of current and evolving video formats in >>> > libraries and related institutions. It is hoped that the list will >>> serve >>> > as an effective working tool for video librarians, as well as a channel >>> of >>> > communication between libraries,educational institutions, and video >>> > producers and distributors. >>> > >>> >>> **** >>> >>> Gary Handman >>> Director >>> Media Resources Center >>> Moffitt Library >>> UC Berkeley >>> >>> 510-643-8566 >>> ghand...@library.berkeley.edu >>> http://www.lib.berkeley.edu/MRC >>> >>> "I have always preferred the reflection of life to life itself." >>> --Francois Truffaut**** >>> >>> >>> >>> VIDEOLIB is intended to encourage the broad and lively discussion of >>> issues relating to the selection, evaluation, acquisition,bibliographic >>> control, preservation, and use of current and evolving video formats in >>> libraries and related institutions. It is hoped that the list will serve as >>> an effective working tool for video librarians, as well as a channel of >>> communication between libraries,educational institutions, and video >>> producers and distributors.**** >>> >>> >>> >>> >>> -- >>> Jessica Rosner >>> Media Consultant >>> 224-545-3897 (cell) >>> 212-627-1785 (land line) >>> jessicapros...@gmail.com**** >>> >>> VIDEOLIB is intended to encourage the broad and lively discussion of >>> issues relating to the selection, evaluation, acquisition,bibliographic >>> control, preservation, and use of current and evolving video formats in >>> libraries and related institutions. It is hoped that the list will serve as >>> an effective working tool for video librarians, as well as a channel of >>> communication between libraries,educational institutions, and video >>> producers and distributors. >>> >>> >> >> >> -- >> Jessica Rosner >> Media Consultant >> 224-545-3897 (cell) >> 212-627-1785 (land line) >> jessicapros...@gmail.com >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues relating to the selection, evaluation, acquisition,bibliographic >> control, preservation, and use of current and evolving video formats in >> libraries and related institutions. It is hoped that the list will serve as >> an effective working tool for video librarians, as well as a channel of >> communication between libraries,educational institutions, and video >> producers and distributors. >> >> VIDEOLIB is intended to encourage the broad and lively discussion of >> issues relating to the selection, evaluation, acquisition,bibliographic >> control, preservation, and use of current and evolving video formats in >> libraries and related institutions. It is hoped that the list will serve as >> an effective working tool for video librarians, as well as a channel of >> communication between libraries,educational institutions, and video >> producers and distributors. >> >> > > > -- > Jessica Rosner > Media Consultant > 224-545-3897 (cell) > 212-627-1785 (land line) > jessicapros...@gmail.com > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > > VIDEOLIB is intended to encourage the broad and lively discussion of issues > relating to the selection, evaluation, acquisition,bibliographic control, > preservation, and use of current and evolving video formats in libraries and > related institutions. It is hoped that the list will serve as an effective > working tool for video librarians, as well as a channel of communication > between libraries,educational institutions, and video producers and > distributors. > > -- Jessica Rosner Media Consultant 224-545-3897 (cell) 212-627-1785 (land line) jessicapros...@gmail.com
VIDEOLIB is intended to encourage the broad and lively discussion of issues relating to the selection, evaluation, acquisition,bibliographic control, preservation, and use of current and evolving video formats in libraries and related institutions. It is hoped that the list will serve as an effective working tool for video librarians, as well as a channel of communication between libraries,educational institutions, and video producers and distributors.
