Learning Team B Reflection: Week 3 IRAC Brief
Learning Team B: Rhea Carson, Elspeth Flynn, Matthew Cable, Dusty Henson, Joseph Spurling
October 21, 2014
IRAC: Kirtsaeng v. John Wiley & Sons
Kirtsaeng v. John Wiley & Sons
Whether first-sale doctrine codified in 17 U.S.C. § 109(a) is applicable to John Wiley & Sons copyrighted works manufactured and bought abroad, resold in the United States by Kirtsaeng without the owner’s permission. Is this a violation of the Copyright Owner’s rights or was he protected under the First Sale Doctrine?
The first sale doctrine states that an individual who purchases a legally produced copyrighted work may sell or dispose of the work as that person sees fit…show more content…
Wiley believes their copyright grant gives them the right to control the prices abroad and in the United States.
As the case went through the 2nd and 9th circuit courts, the decision was made in favor of Wiley. The case was then appealed to the Supreme Court which voted in favor of Kirtsaeng.
If the final decision by the Supreme Court was accepted in favor of Wiley, the fallout would possibly result in chaos and could result in United States companies moving their manufacturing outside of the country. The final sale doctrine would no longer be accepted in the majority of situations. As a result, Wiley & Sons, Inc. increased the costs of their text books that are sold overseas. The case lasted almost 6 years and ended up in the defendants favor. After this case, there may be other businesses that look at the costs of their items overseas as well (Lee, 2014). The case would also result in companies like Amazon, eBay, and Walmart stores losing business from buying goods overseas and reselling in the United States. Companies will now have to reevaluate their marketing and pricing in foreign countries.
Team B Week 3 Reflection Two of the objectives we discussed as a team are: differentiating between personal, real, and intellectual property issues, and determining appropriate methods to address potential property issues. Different types of property have different laws that protect them as well as different methods of addressing issues. After