Tuesday, October 9, 2012

Supreme Court to decide the right to sell owned property.

Via Marketwatch.com. The case is being heard on October 29th.

Put simply, though Apple Inc. (NASDAQ:AAPL)  has the copyright on the iPhone and Mark Owen has it on the book “No Easy Day,” you can still sell your copies to whomever you please whenever you want without retribution. 

That’s being challenged now for products that are made abroad, and if the Supreme Court upholds an appellate court ruling, it would mean that the copyright holders of anything you own that has been made in China, Japan or Europe, for example, would have to give you permission to sell it. 

“It means that it’s harder for consumers to buy used products and harder for them to sell them,” said Jonathan Band, an adjunct professor at Georgetown University Law Center, who filed a friend-of-the-court brief on behalf of the American Library Association, the Association of College and Research Libraries and the Association for Research Libraries. “This has huge consumer impact on all consumer groups.”
Another likely result is that it would hit you financially because the copyright holder would now want a piece of that sale. 

It could be your personal electronic devices or the family jewels that have been passed down from your great-grandparents who immigrated from Spain. It could be a book that was written by an American writer but printed and bound overseas, or an Italian painter’s artwork. 

There are implications for a variety of wide-ranging U.S. entities, including libraries, musicians, museums and even resale juggernauts eBay Inc. (NASDAQ:EBAY)  and Craigslist. U.S. libraries, for example, carry some 200 million books from foreign publishers. 


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