Tags » Middlebury Community Interest

Last Tuesday, in the case of Kirtsaeng vs. John Wiley & Sons, the Supreme Court ruled 6-3 to uphold the “first sale” doctrine for materials purchased from non-U.S. sources.  This ruling allows legal purchasers of copyrighted material from overseas to continue to subsequently resell, loan, rent, etc., copyrighted material.  The first sale doctrine, in general, is the exemption that allows libraries to loan books to borrowers, video stores (those that are left) to rent DVDs, or individuals to loan or resell a book or CD or other copyrighted work to someone else without fear of running afoul of the normal protection afforded to copyright holders to control the sale and distribution of their copyrighted content.

At issue in the Kirsaeng case was whether or not materials purchased overseas were subject to this exemption, or if the exemption applied only to those copyrighted materials purchased within the United States.  The plaintiff, publisher John Wiley & Sons, argued that the exemption did not apply to works intended to be sold overseas, and that the defendant, a graduate student named Supap Kirtsaeng, had violated copyright law by purchasing textbooks in Thailand intended for that market (and sold there at a lower price than in the U.S.) and then reselling them in the United States to help finance the cost of his graduate education.

Why is this important for Middlebury?  Because Middlebury libraries purchase at least 10% (by cost) of our material from overseas vendors.  (This is a conservative estimate based on our expenditures with our primary foreign dealers; the actual percentage is certainly higher, although probably not by much.)  If this case had been decided differently, there would be considerable doubt as to whether we could continue to loan materials purchased overseas without some sort of legislative intervention that specifically allowed it.

If you would like to read more about the case and its implications, take a look at this article from the Chronicle of Higher Education.  Kenneth Crews, from Columbia U., has an excellent analysis on his blog here, and Kevin Smith at Duke has a couple of posts here and here.  And if you are a true glutton for punishment, the full text of the SCOTUS decision is here (pdf).