Motion Picture Association of America
We are disappointed that the U.S. Supreme Court has decided in favor of Supap Kirtsaeng and overturned the Second Circuit’s ruling. It is a loss for the U.S. economy, and students and authors in the U.S. and around the world.
Wiley wants to thank the many organizations, companies, and individuals who filed Amicus briefs and spoke publicly and privately in support of our position.
American Bar Association
American Intellectual Property Law Association
Association of American Publishers
Business Software Alliance
Motion Picture Association of America and Recording Industry Association of America
Professor Hugh C. Hansen
Software and Information Industry Association
Text and Academic Authors Association
The U.S. Supreme Court decision in Kirtsaeng v. Wiley & Sons will impact the right to resell copyrighted goods and the pricing policies of copyright owners.
A copyright owner has the exclusive right to distribute copies. The “first sale doctrine” of the Copyright Act allows the “owner” of “a particular copy” to resell that individual copy. Software is licensed not sold, and usually the licensee does not own and can not resell the licensed copy. But books are sold, not licensed, at least in print media.
December marked the opening of the third round of the triennial rule-making process mandated by the Digital Millennium Copyright Act (DMCA). The DMCA was established in 1998 to encourage investment in new means of digital distribution of software, movies, books, sound recordings, video games and other works protected by copyright. The rule-making process is a period where copyright industry groups can review and respond to proposals for temporary exemptions from the provision of the DMCA, which prohibits the circumvention of technologies used to control access to copyrighted materials. The industry groups are comprised of the Association of American Publishers, the Business Software Alliance, the