Booksellers Win Right to Resell Secondhand Books in U.S. Supreme Court Decision
- by Michael Stillman
The Court's decision.
The Court was undoubtedly distressed by the possibilities here, but returned to their dispassionate legal reasoning. The alternative to the geographical reading of “under” is to substitute “in accordance with” as a synonym for “under.” By this interpretation, books produced in accordance with the terms of American copyright law, even if produced outside of American jurisdiction, were still published “under” the law. As such, they are still subject to the “first sale” doctrine. Since Mr. Kirtsaeng's friends purchased the books in accordance with the U.S. copyright law (that is, they were legally purchased from the copyright holder), the “first sale” doctrine still applies. He can legally resell these books in America, and Wiley's protestations to the contrary printed inside the book carry no weight. It is no different than if the books were printed in America or if he had purchased the books in America. Once the first sale (to him) was made, he was free to do with his books as he pleased. It is this second view that prevailed in the Supreme Court. Game, set and match to Mr. Kirtsaeng and the booksellers.
It should be noted that while this decision preserves the first sale rights of all of those foreign published books currently in America, and those being brought to America now, Congress retains the right to change the rules in the future. Two of the judges who participated in the decision, one liberal and one conservative, added a concurring opinion in which they stated that they believed Congress had intended to allow for “segmented” markets (differing price structures in different countries). However, they felt obligated to rule as they did because they thought it worse to mess around with the “first sale” doctrine, thereby leaving booksellers, libraries, and the like trying to figure out what they could legally sell or lend. They opened the door to Congress, if it wants to allow for segmented markets, to restrict the importation of books published overseas. Put the onus on the importer, not the reseller. I, for one, would question such a limitation on First Amendment (free speech) grounds, but add those two judges to the three who dissented in this opinion, and you have the five needed to carry the day. I hope Congress lets this mangy sleeping dog lie.
Doyle, Dec. 6: An extensive archive of Raymond Chandler’s unpublished drafts of fantasy stories. $60,000 to $80,000.
Doyle, Dec. 6: RAND, AYN. Single page from Ayn Rand’s handwritten first draft of her influential final novel Atlas Shrugged. $30,000 to $50,000.
Doyle, Dec. 6: Ernest Hemingway’s first book with interesting provenance. Three Stories & Ten Poems. $20,000 to $30,000.
Doyle, Dec. 6: Hemingway’s second book, one of 170 copies. In Our Time. $15,000 to $25,000.
Doyle, Dec. 6: A finely colored example of Visscher’s double hemisphere world map, with a figured border. $12,000 to $18,000.
Doyle, Dec. 6: Raymond Chandler’s Olivetti Studio 44 Typewriter. $10,000 to $20,000.
Doyle, Dec. 6: Antonio Ordóñez's “Suit of Lights” owned by Ernest Hemingway. $10,000 to $20,000.
Doyle, Dec. 6: A remarkable Truman archive featuring an inscribed beam from the White House construction. $8,000 to $12,000.
Doyle, Dec. 6: The fourth edition of Audubon’s The Birds of America. $8,000 to $12,000.
Doyle, Dec. 6: The original typed manuscript for Chandler’s only opera. The Princess and the Pedlar: An Entirely Original Comic Opera. $8,000 to $12,000.
Doyle, Dec. 6: A splendidly illustrated treatise on ancient Peru and its Incan civilization. $7,000 to $10,000.
Doyle, Dec. 6: A superb copy of Claude Lorrain’s Liber Veritatis from Longleat House. $5,000 to $8,000.
High Bids Win, Nov. 20 – Dec. 5: Quarter Case with Lead Penline Flourishes.
High Bids Win, Nov. 20 – Dec. 5: Quarter Case with Lead Cents and Pound Signs.
High Bids Win, Nov. 20 – Dec. 5: Wooden type cabinet 27” w by 19” d by 38” h.
ALDE, Dec. 11: ALBINUS (BERNHARD SIEGFIED). Tabulæ Sceleti et Musculorum corporis humanum, Londres, 1749. €4,000 to €5,000.
ALDE, Dec. 11: BIDLOO (GOVARD). Anatomia humani corporis. Centum et quinque tabulis per artificiosiss. G. de Lairesse..., Amsterdam, 1685.
ALDE, Dec. 11: BOURGERY (JEAN-MARC) – JACOB (NICOLAS-HENRI). Traité complet de l’anatomie de l’Homme comprenant la médecine opératoire, Paris, 1832. €4,000 to €5,000.
ALDE, Dec. 11: CALDANI (LEOPOLDO MARCANTONIO ET FLORIANO). Icones anatomicae, Venice, 1801-14. €5,000 to €6,000.
ALDE, Dec. 11: CARSWELL (ROBERT). Pathological Anatomy. Illustrations of the elementary forms of disease, London, 1838. €5,000 to €6,000.
ALDE, Dec. 11: CASSERIUS (JULIUS) [GIULIO CASSERIO]. De vocis auditusq. organis historia anatomica singulari fide methodo ac industria concinnata tractatis duobus explicate, Ferrara, 1600-1601. €4,000 to €5,000.
ALDE, Dec. 11: ESTIENNE (CHARLES). De dissectione partium corporis humani libri tres, Paris, 1545. €8,000 to €10,000.
ALDE, Dec. 11: GAMELIN (JACQUES). Nouveau Recueil d'Ostéologie et de Myologie dessiné d'après nature... pour l’utilité des sciences et des arts, divisé en deux parties, Toulouse, 1779. €6,000 to €8,000.
ALDE, Dec. 11: ROESSLIN (EUCHER). Des divers travaux et enfantemens des femmes et par quel moyen l'on doit survenir aux accidens…, Paris, 1536. €3,000 to €4,000.
ALDE, Dec. 11: VALVERDE (JUAN DE). Anatome corporis humani. Nunc primum a Michaele Michaele Columbo latine reddita, et additis novis aliquot tabulis exornata, Venetiis, 1589. €2,000 to €3,000.
ALDE, Dec. 11: VESALIUS (ANDREAS). De humani Corporis Fabrica libri septem, Venetiis, 1568. €3,000 to €4,000.
Sotheby's Fine Books, Manuscripts & More Available for Immediate Purchase
Sotheby’s: J.R.R. Tolkien. The Lord of the Rings Trilogy. 11,135 USD
Sotheby’s: Edgar Allan Poe. The Raven and Other Poems, 1845. 33,000 USD
Sotheby’s: Leo Tolstoy, Clara Bow. War and Peace, 1886. 22,500 USD
Sotheby’s: Sir Arthur Conan Doyle. Adventures of Sherlock Holmes, 1902. 7,500 USD
Sotheby’s: F. Scott Fitzgerald. This Side of Paradise, The Great Gatsby, and Others, 1920-1941. 24,180 USD
Doyle, Dec. 5: Anna Vaughn Hyatt Huntington (1876-1973). Yawning Tiger, conceived 1917. $3,000 to $5,000.
Doyle, Dec. 5: Robert M. Kulicke (1924-2007). Full-Blown Red and White Roses in a Glass Vase, 1982. $3,000 to $5,000.
Doyle, Dec. 5: Pablo Picasso (1881-1973). L’ATELIER DE CANNES (Bloch 794; Mourlot 279). The cover for Ces Peintres Nos Amis, vol. II. $1,000 to $1,500.
Doyle, Dec. 5: LeRoy Neiman (1921-2012). THE BEACH AT CANNES, 1979. $1,200 to $1,800.
Doyle, Dec. 5: Richard Avendon, the suite of eleven signed portraits from the Avedon/Paris portfolio. $150,000 to $250,000.
Doyle, Dec. 5: Robert Mapplethorpe (1946-1989). Flowers in Vase, 1985. $20,000 to $30,000.
Doyle, Dec. 5: Edward Weston (1886-1958). Nude, 1936. $20,000 to $30,000.
Doyle, Dec. 5: Edward Weston (1886-1958). Juniper, High Sierra, 1937.
Doyle, Dec. 5: Steven J. Levn (b. 1964). Plumage II, 2011. $6,000 to $8,000.
Doyle, Dec. 5: Steven Meisel (b. 1954). Madonna, Miami, (from Sex), 1992. $6,000 to $9,000.
![<b>ALDE, Dec. 11:</b> CASSERIUS (JULIUS) [GIULIO CASSERIO]. <i>De vocis auditusq. organis historia anatomica singulari fide methodo ac industria concinnata tractatis duobus explicate,</i> Ferrara, 1600-1601. €4,000 to €5,000.](https://ae-files.s3.amazonaws.com/AdvertisementPhotos/b719f220-50aa-4855-9a72-293cad312283.jpg "<b>ALDE, Dec. 11:</b> CASSERIUS (JULIUS) [GIULIO CASSERIO]. <i>De vocis auditusq. organis historia anatomica singulari fide methodo ac industria concinnata tractatis duobus explicate,</i> Ferrara, 1600-1601. €4,000 to €5,000.")
