Date: Sat, 3 Dec 2016 18:17:51 +0000
To: "Mitchell, Carol" <clmi_at_LOC.GOV>, "'Robert P. Holley'" <aa3805_at_wayne.edu>, "'colldv_at_lists.ala.org'" <colldv_at_lists.ala.org>, "Gibbons, Dennis" <d.gibbons_at_tcu.edu>
I agree with Dr. Holley. The Kirtsaeng case upheld first sale in this international copyright question and case. While Section 106 gives the copyright owner the right of distribution, Section 109 is the exemption in the law giving individuals the first sale right to "sell or otherwise dispose" of the books we buy along with other provisions. If Kirtsaeng had gone the other way at the Supreme Court, there was fear that libraries could have lost the right to buy and use foreign books for our collections. The Library Copyright Alliance filed an amicus curiae brief<http://www.arl.org/focus-areas/court-cases/2210#.WEMKqEcs96w> in this case. Thank goodness, it was a win for us as well as for Supap Kirtsaeng. I have seen publishers try to claim rights they do not have as with statements in the front of a book saying "no copying of any part of this book with permission of the publisher." They never mention fair use or make any reference to rights libraries have under Section 108. Some publishers (I am not accusing all) ignore the law, I won't speculate why here. (None of the above is legal advice). Chris LeBeau Asst. Teaching Professor iSchool, University of Missouri & Copyright Support Team University of Missouri-Kansas City From: colldv-request_at_lists.ala.org [mailto:colldv-request_at_lists.ala.org] On Behalf Of Mitchell, Carol Sent: Friday, December 2, 2016 9:08 PM To: 'Robert P. Holley' <aa3805_at_wayne.edu>; 'colldv_at_lists.ala.org' <colldv_at_lists.ala.org>; Gibbons, Dennis <d.gibbons_at_tcu.edu> Subject: RE: [ALCTS-colldv] International editions I would be more careful. Commercial dealers should not be distributing. In fact, I am surprised at Amazon. It is one thing for a student to offer textbooks on campus, quite another for major distributor. I would contact Amazon to let them know. From: colldv-request_at_lists.ala.org<mailto:colldv-request_at_lists.ala.org> [mailto:colldv-request_at_lists.ala.org] On Behalf Of Robert P. Holley Sent: Saturday, December 03, 2016 1:19 AM To: 'colldv_at_lists.ala.org' <colldv_at_lists.ala.org<mailto:colldv_at_lists.ala.org>>; Gibbons, Dennis <d.gibbons_at_tcu.edu<mailto:d.gibbons_at_tcu.edu>> Subject: Re: [ALCTS-colldv] International editions https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc. [https://upload.wikimedia.org/wikipedia/commons/thumb/f/f3/Seal_of_the_United_States_Supreme_Court.svg/100px-Seal_of_the_United_States_Supreme_Court.svg.png]<https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc.> Kirtsaeng v. John Wiley & Sons, Inc. - Wikipedia<https://en.wikipedia.org/wiki/Kirtsaeng_v._John_Wiley_%26_Sons,_Inc.> en.wikipedia.org Argued October 29, 2012 Decided March 19, 2013; Full case name: Supap Kirtsaeng, dba Bluechristine99, Petitioner v. John Wiley & Sons, Inc. Docket nos. In other words, the publisher cannot restrict the import and sale of these items as long as they were legally acquired. Wiley was the publisher who brought the suit and had won in the lower courts. I believe that your library has legally acquired this copy. In fact, library organizations supported the ultimate decision because it would be hard to determine which books published abroad were legal or not. Bob Dr. Robert P. Holley Professor Emeritus, Wayne State University 13303 Borgman Avenue Huntington Woods, MI 48070-1005 email: aa3805_at_wayne.edu<mailto:aa3805_at_wayne.edu> phone: 248-547-0306 ________________________________ From: colldv-request_at_lists.ala.org<mailto:colldv-request_at_lists.ala.org> <colldv-request_at_lists.ala.org<mailto:colldv-request_at_lists.ala.org>> on behalf of Gibbons, Dennis <d.gibbons_at_tcu.edu<mailto:d.gibbons_at_tcu.edu>> Sent: Friday, December 2, 2016 1:07 PM To: 'colldv_at_lists.ala.org' Subject: [ALCTS-colldv] International editions We have purchased a book on Amazon that bears this statement: "This edition is manufactured in India and is authorized for sale only in India, Bangladesh, Bhutan, Pakistan, Nepal, Sri Lanka and the Maldives. Circulation of this edition outside of these territories is UNAUTHORIZED." Who has authorized the sale and distribution? Is the authority legal or moral? Thanks, Dennis [cid:FE6ED0DB-DBBB-4078-8F6C-753DE65C80A1][cid:image001.jpg_at_01D24D57.D1B2DFA0] DENNIS GIBBONS COLLECTION DEVELOPMENT, TCU LIBRARY TCU BOX 298400 FORT WORTH, TX 76129 (o) 817-257-7312 d.gibbons_at_tcu.edu<mailto:d.gibbons_at_tcu.edu>
