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Authored by: Anonymous on Tuesday, October 30 2012 @ 01:26 PM EDT |
IANAL, but I believe copyright law also includes provisions regarding the
distribution as well as copying of something that is copyrighted. so it isn't
just a simple matter of copying.
Something that occurred to me when reading
Patently-O:
Wiley, in turn, focuses on the statute and argues
that the US copyright is not exhausted because the foreign-made books were not
"lawfully made under this title" where "this title" refers to the US Copyright
Act.
This, to me, is confusing.
The US copyright [on these
books] is not exhausted.
The[se] foreign-made books were not lawfully made
under this title.
This title == US Copyright Act.
Using my dumb
logic, KISS, IANAL. These books are outside the scope of the US Copyright Act.
There is no US copyright on these books. The copyright on these books is
foreign and would therefore fall under the Berne Convention and be fall under
the copyright act of whichever country they are published in. (Unless the
countries in which it was published are not parties to the Berne Convention. I
can't see anything in the Berne
Convention Implementation Act 1988 which would make the copyrights for the
books fall within the scope of the US Copyright Act.)
So why are Wiley
making this complaint? What am I missing? (Is there some provision within US
Copyright that applies that I'm not aware of? This is entirely possible... it's
a beast, as are most laws, and I can't take all that in.)
j [ Reply to This | Parent | # ]
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Authored by: Wol on Tuesday, October 30 2012 @ 03:46 PM EDT |
The copyright world certainly used to be divided into bloks. "First
Sale" is actually first *retail* sale.
If the guy was importing the odd second-hand copy there wouldn't be a problem.
But I gather he was importing new copies in bulk. "First Sale", if it
relies on the retail nature of the sale, just doesn't apply here.
This strategy is otherwise known as "grey importing", and I don't know
how the various lawsuits over that have panned out. I don't think there have
been any recent copyright grey import lawsuits.
Cheers,
Wol[ Reply to This | Parent | # ]
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