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

From: Albert Henderson <NobleStation[_at_]compuserve.com>
Date: Mon, 14 Sep 1998 09:10:55 -0400

On 9 Sep 1998, Laurel Jamtgaard <laurelj[_at_]arl.org> wrote:
>
> As a practical matter, would a library need to verify where a book
> had been first distributed before acquiring the book? Under a strict
> interpretation of the change proposed in H.R. 2281 SEction 415,
> wouldn't any library or individual be liable for the domestic lending
> or sale of a book (with a U.S. copyright holder) that was first
> distributed overseas, even though the library or individual acquired
> the book in the U.S.?
>
> In book covers I can often find information about where it was printed
> and who the publisher was at that time but I have never seen any notice
> of "published first in XX country." How can one know?

Under a prior protective manufacturing clause in the copyright law, U.S. Customs require that publications state where they were printed and that the importer declare the citizenship and domicile of the author (if I remember correctly). This went on for some time and the requirements were met as a routine. I imported thousands of books an never considered it more than "one more detail."

Albert Henderson, Editor, PUBLISHING RESEARCH QUARTERLY <70244.1532[_at_]compuserve.com> Received on Mon Sep 14 1998 - 15:00:14 GMT

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