Supreme Court backs Student Textbook Copyright case

Supreme Court backs Student Textbook Copyright case

The United States Supreme Court ruled that textbooks and other good made and sold abroad can be re-sold online and in discount stores without violating U.S. copyright laws.

In a 6-3 opinion, the court threw out a copyright infringement award to publisher John Wiley and Sons against Thai graduate student Supap Kirtsaeng, who used ebay to resell copies of the publisher’s copyrighted books that his relatives first bought abroad at cut-rate prices.

Justice Stephen Breyer said in his opinion for the court that once goods are sold lawfully whether in the United States, or elsewhere, publishers and manufacturers lose the protection of U.S. copyright laws.

“We hold tht the ‘first sale’ doctrine applies to copies of a copyrighted work lawfully made abroad, “Breyer said.

In a dissent for herself, Justices Anthony Kennedy, and Antonin Scalia, Justice Ruth Bader Ginsburg said the court was ignoring Congress’ aim of protecting “copyright owners against the unauthorized importation of low-priced, foreign-made copies of their copyrighted works”

Justice Elena Kagain, joined by Justice Samuel Alito, said in a separate opinion that Congress is free to change the law if it thinks holders of copyrights need more protection. Chief Justice Roberts and Justices Sotomayer and Thomas also were part of the court’s majority.

Kirtsaeng sold $900,000 worth of books published abroad by Wiley and others made about $100,000 in profit.

The case is Kirtsaeng v. John Wiley and Sons 11-697