1. Kirtsaeng: First Sale, Libraries, Parallel Markets ) TRLN Meeting July 13, 2012 Anne Gilliland—UNC http://www.flickr.com/photos/11831132@N00/134329177 Photo by Logan Ingalls Attribution 2.0 Generic (CC BY 2.0)

2. Facts in Kirtsaeng http://www.flickr.com/photos/30898003@N08/4258328532 Photo by mksavage Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0) http://www.flickr.com/photos/30898003@N08/4258328532 Grad student from Thailand Relatives bought textbooks overseas & Kirtsaeng resold in U.S. Textbooks were intended for foreign market Liable for copyright infringement—imported without rights holder’s permission

3. Issue: How do Section 602(a)(1) of the Copyright Act, which prohibits the importation of a work without the authority of the copyright’s owner, and Section 109(a) of the Copyright Act, which allows the owner of a copy “lawfully made under this title” to sell or otherwise dispose of the copy without the copyright owner’s permission, apply to a copy that was made and legally acquired abroad and then imported into the United States? (http://www.scotusblog.com/case- files/cases/kirtsaeng-v-john-wiley-sons-inc/) Supreme Court Granted Certiorari http://www.flickr.com/photos/22522518@N06/3001725500http://www.flickr.com/photos/22522518@N06/3001725500 Photo by Ancrew Deci Attribution-NonCommercial-ShareAlike 2.0 Generic (CC BY-NC-SA 2.0)

4. A Few Brief Copyright Basics Photo by Kristen Taylor http://www.flickr.com/photos/80985143@N00/3584352662 Attribution 2.0 Generic (CC BY 2.0)http://www.flickr.com/photos/80985143@N00/3584352662 “Bundle of Rights – Reproduction – Make derivative works – Distribution – Public performance – Public display – Public performance through a digital audio transmission Limitations Wide Variety of Things Can be Copyrighted

5. Physical Ownership vs. Ownership of Copyright http://www.flickr.com/photos/47691521@N07/4371001458 Photo by opensource.com http://www.flickr.com/photos/47691521@N07/4371001458 http://www.flickr.com/photos/47691521@N07/4371001458 Photo by opensource.com First sale doctrine Codified in Section 109 – Libraries get special treatment Doctrine of exhaustion

6. Section 602: Infringing Importation or Exportation http://www.flickr.com/photos/11831132@N00/134329177 Photo by Logan Ingalls Attribution 2.0 Generic (CC BY 2.0) Importation of copyrighted work “without the authority of the owner…under this title…is an infringement.” Circuits split on how to interpret Libraries get limited special treatment under 602

7. Parallel Markets, Quality King, Costco Parallel markets have increased Quality King: “round trip” sale & distribution limited by Section 109 Costco—Supreme Court tied in 2010

8. Library Copyright Alliance Amicus Brief Wording & meaning of the statutes Policy concerns Other alternatives (none of them great)

9. Is the Sky Falling? http://www.flickr.com/photos/52039388@N08/5139149403 Photo by Alexander Vaughn Attribution 2.0 Generic (CC BY 2.0) http://www.flickr.com/photos/52039388@N08/5139149403