by Rick Sanders I’m starting a new occasional series called, “Is it Fair Use?” where I set out the facts from an actual copyright or trademark decision involving fair use, and you get to guess how the court ruled.* * This idea is completely ripped off from one of my absolute favorite law blogs, The TTABlog. [...]
No Comments. Continue Reading...From Wikipedia, the free encyclopedia The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, 17 U.S.C. § 109. The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without [...]
No Comments. Continue Reading...By Martyn Daniels One of the drawbacks with ebooks is that there is no second hand market for them. Unlike physical books you can’t sell a book once you have read it. You can’t even put it on your bookshelf. It is doomed to sit often forgotten on some virtual bookshelf. The lack of ‘first sale [...]
No Comments. Continue Reading...By Michael Kelley @ Library Journal Public Knowledge (PK), the Electronic Frontier Foundation (EFF), and U.S. Public Interest Research Group asked the Supreme Court today to review a lower court decision in the case John Wiley & Sons, Inc. v. Kirtsaeng that could have major implications for the first sale doctrine and the ability of libraries to offer foreign-made books on their shelves. [...]
No Comments. Continue Reading...By Patentology The opening gambit in the Australian arm of the global dispute between Apple and Samsung finally drew to a close earlier this month, neatly typing up a few loose ends in what must surely be the biggest Australian patent story in recent memory. The stage is now set for the main event – [...]
No Comments. Continue Reading...