From Mary Ellen Davis, Executive Director ACRL:
I am delighted to share with you the news that the Supreme Court has ruled in the Kirtsaeng v. Wiley case and vindicated the first sale doctrine!
In this lawsuit involving textbooks, the publisher Wiley & Sons, Inc., had argued that
the first sale doctrine—if you bought it, you own it, and can do what you want with it–does not apply to copies printed abroad, even when the copies are legitimate, non-pirated copies purchased lawfully at ordinary bookstores. If Wiley & Sons had prevailed, the ability of libraries to lend materials printed abroad would have been threatened. The Court's decision (PDF) ensures that libraries can rely on the critically important principle of first sale to continue lending the estimated 200 million foreign-made volumes in our collections.
The brief submitted to the Supreme Court by the Library Copyright Alliance, of which ACRL is a member, is cited a number of times in the decision. For more information check out ACRL Insider http://www.acrl.ala.org/acrlinsider/archives/6956
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