Ruling on COPYRIGHT Issues U.S. Supreme Court Upholds 'first sale' right to sell used books, or movies

[Hank]

Yesterday (19 March 13) the U.S. Supreme Court, in hearing arguements regarding the resale of copyrighted materials ruled those sales legal.

 

From the current article on CNN News:

 

"The Supreme Court has ruled that copyright owners cannot legally forbid people who buy their works to sell them in the US, even if the items in question were made outside the US. The decision upheld a geographically unlimited first sale doctrine — a provision which holds that once someone buys a book, DVD, or other work copyrighted in America, they're free to sell or rent it without the copyright holder's permission".

 

I'm certainly no lawyer, but this would seem to me to answer any question regarding the sale of CDs and DVDs (such as Bob Hunt's Practicums)to a 2nd party. I know this question has come up various times on MSW in regards to members who wished to sell one of his practicums.

 

This applies to original media, as far as I can tell. Members may want to read the entire article currently (03/20/13) running on CNN news. Other media outlets probably are carrying the story, as well.

[JeffT]

I for one think that's a good decision by the court.

[Chuck]

Thanks Hank...That is good for our members to know.  Very eye-opening.... 

 

As long as they are not copied its legal.  The originals can be resold like a used book.  As it pertains to plans or practicums this is the great info.

 

Chuck 

[Hank]

Yea, sometimes it actually is worth watching the evening news!!

 

I guess I would be curious to know how this is being received by "other" modeling forums in our community. Perhaps one of our MSW "double agents" will keep us appriased.

[fish]

I think the arguement will be made that the practicums are software and not a book, does this supreme court decision include software?

[Chuck]

That is the thinnest argument I ever read ....a pdf saved on a CD is not software.   Its a document on CD.  No programming what-so-ever.  My 12 year old can save a PDF to a flash drive.  That doesnt mean she is a programmer and the flash drive magically becomes a software package.     To anyone with a little common sense,  the argument was fabricated to drive up sales and nothing else.  From what I understand...he is now offering a print version of the practicums...I guess that should be considered a new type of software as he is trying to make the same restrictions apply.  Its just not right.  Just my opinion.

 

Chuck

[fish]

I don't disagree with you, just because you say something is software to get around the law doesn't necessarily make it so.

[JeffT]

To the best of my knowledge this law already exists in the U.S. The U.S. Supreme Court said in their decision that U.S. copyright owners may not stop imports and re-selling of copyrighted content lawfully sold abroad.

 

In the U.S. the law known as first-sale doctrine says something to the effect of:

 

The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. The right to distribute ends, however, once the owner has sold that particular copy. See 17 U.S.C. § 109(a) & ©. Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction.

[Chuck]

I actually understand that jargon.     I should have been a lawyer......who am I kidding....maybe a pizza maker is better.  Thanks fo rthat.  That is also great info to have in this Topic for future reference.  We take this stuff very seriously here at MSW.

 

Chuck

[JeffT]

No problem. I looked into this once when I was considering selling a practicum I purchased.

[WackoWolf]

I also would like to thank Hank for letting us know about this, and also everyone else for looking into it. Thanks guys.

[Jim Lad]

Excellent information for the forum, but members should note that this is a decision of the United States court and that the ruling applies only in the United States.  The courts in other countries may take a different view.

 

John

[Adrieke]

just a question jeff

 

you say when you buy a legal copy of let say a video dvd (lets say a how to on planking) you are alowed to display (play) it ?

 

i assume that only goes for home use and not to use it for commercial purposes ?

[mtaylor]

just a question jeff

 

you say when you buy a legal copy of let say a video dvd (lets say a how to on planking) you are alowed to display (play) it ?

 

i assume that only goes for home use and not to use it for commercial purposes ?

 

I'm not a lawyer so this info has been picked up over the years doing software, commercial photography and technical writing.   Basically you are correct.  You can play it at home or lend it to a neighbor but not charge admission.   You can display or use extracts (fair use) in reviews and articles but somewhere the thin line of plagerism is waiting...  You can sell the original DVD/CD but not copies of it.  At least in the USA.  Not sure that all countries have the same rules.

[Adrieke]

thanks Mark

 

i doubt that this would go for all countries

[wthilgen]

As an author of 4 books, the way I understand copyright is: One does not infringe on ones copyright unless one makes profit. 

[Adrieke]

unless you sell the original  . you can make a profit out of that

 

on the other side if i copied a dvd and gave it for free for to all my friends i would not make a profit (unless you count having a whole bunch of good friends a profit ) but stil infringe on the copyright

Edited April 2, 2013 by Adrieke

[trippwj]

Would have to agree - selling the original a second time doesn't infringe on copyright, else libraries, thrift stores and used book dealers would all be in court all the time!

 

Distributing copies of the copyrighted work is where you cross a line.  The royalty issue applies to first (initial) sale only, not subsequent sales down the food chain.  The next area of interest will be how they handle the resale of e-books such as those on the Kindle...right now, very difficult to do, but who knows down the road.

[isali]

It is a good ruling, if I pay for something I should have the legal right to resell it. The precedent has always been that the right belonged to the older of the media.

 

In a case like Bob Hunt, he elicitly asks that it not be resold and wants to make that a par of the "property".

 

Legality aside, we each have our own decision to make when it comes to reselling a practicum. For many of us, if we commit that we won't resell it, we won't but the world isn't perfect.

 

Personally, the relationship and assistance from with like bob along with a the promise not to resell, are more important than recouping my money. In the extreme, all the small businesses would disappear if everyone resold.