On April 30 2013 the Copyright Society of the USA NY Chapter presented: A Matter of Import: Supreme Court’s Kirtsaeng Decision Revisits First Sale Doctrine and Tackles Geographic Limitations on Exhaustion at The Princeton Club in NYC. A panel of experts discussed the U.S. Supreme Court March 19, 2013 decision in Kirtsaeng v. John Wiley & Sons, Inc., ruling that the first sale doctrine trumped Wiley’s right to control importation of copyrighted works into the U.S. The decision allowed an enterprising college student, Kirtsaeng, to import Wiley textbooks lawfully made in Thailand into the U.S., where he sold them online for a healthy profit. The holding has potentially far reaching implications both for U.S. copyright owners who wish to price their offerings differently in different jurisdictions, and for consumers of copyrighted works seeking the lowest prices. Panelists: Allan Adler, General Counsel and Vice President for Government Affairs for the Association of American Publishers (AAP); Lisa T. Simpson of Orrick, Herrington & Sutcliffe LLP, who served as Kirtsaeng’s counsel in the case; and Jennifer Pariser, Senior Vice President of Litigation & Anti-Piracy for RIAA. Moderator was Professor Dan Hunter of New York Law School. Video is below. No transcript.
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