Re: Bye Bye First-Sale Doctrine (WIPO bill)

On Tue, 8 Sep 1998, Laurel Jamtgaard <laurelj[_at_]arl.org> wrote:
>
> The act of importing should not in itself expose the collector to
> liability but once she wants to re-sell the work in the U.S.,
> liability would trigger, right?

Among other things.

> I would expect that museum exhibits would not be a problem unless
> the works were actually sold, leased or donated while in the U.S.
> (e.g. possession changed hands). But exchanges between U.S. museums
> would be trickly if any of the works exchanged had been originally
> distributed by the U.S. copyright holder overseas... Is anyone else
> confused by this?

What about the display right? If the "gray market" copy was not deemed a licensed copy in the US, then the copyright owner would have all its rights under US law, including the right to prevent public display of an artwork or audio-visual work, or performance of a play or poem, etc. without regard to the exchange of value for the copy.

• Vance R. Koven * phone: 617-482-3852 *
• attorney at law * fax: 617-482-4972 *
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