Abstract

http://ssrn.com/abstract=2041467
 


 



An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and Its Impact on International Trade)


Irene Calboli


Marquette University - Law School; National University of Singapore (NUS) - Faculty of Law

April 17, 2012

IP LAW AND THE CROSS ROAD OF TRADE, Edward Elgar, 2012, 67 (Jan Rosén ed.)

Abstract:     
This Chapter addresses a hotly debated topic in copyright law in the United States: the intricate relationship among Sections 106, 109(a), and 602(a)(1) of the Copyright Act and the impact of the decisions of the Supreme Court in Quality King and Costco on the application of the first sale rule with respect to gray market products and international trade. The Chapter proceeds as follows. Part II describes the scope of copyright protection and the copyright first sale rule in the United States. In particular, Part II outlines the provisions of Sections 106, 109(a), and 602(a)(1) of the Copyright Act, and addresses the controversy surrounding the interpretation of, and the interplay among these provisions. Part III recounts the Supreme Court’s attempts to resolve the conflicting judicial interpretation in this area first in Quality King v. L’anza in 1998 and later in Costco v. Omega in 2010. Notably, Part III highlights the Supreme Court’s failure to clarify the territorial application of Section 109(a) of the Copyright Act and the continuing uncertainty that surrounds the first sale rule in copyright law in the United States. Part IV concludes the Chapter and surveys an even more problematic decision that has been issued by the Second Circuit in John Wiley & Sons v. Kirtsaeng in 2011, after the Supreme Court’s decision in Costco. Ultimately, Part IV underscores the urgent need for the Supreme Court or Congress to resolve the ambiguity that continues to dominate the relationship between copyright protection, the first sale rule, and international trade in the United States.

Number of Pages in PDF File: 24

Keywords: first sale rule, intellectual property, copyright

Accepted Paper Series


Download This Paper

Date posted: April 18, 2012 ; Last revised: February 22, 2013

Suggested Citation

Calboli, Irene, An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (and Its Impact on International Trade) (April 17, 2012). IP LAW AND THE CROSS ROAD OF TRADE, Edward Elgar, 2012, 67 (Jan Rosén ed.). Available at SSRN: http://ssrn.com/abstract=2041467

Contact Information

Irene Calboli (Contact Author)
Marquette University - Law School ( email )
Eckstein Hall
P.O. Box 1881
Milwaukee, WI 53201
United States
National University of Singapore (NUS) - Faculty of Law ( email )
469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore
Feedback to SSRN


Paper statistics
Abstract Views: 354
Downloads: 60
Download Rank: 210,952
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.563 seconds