Potential Ruling by Supreme Court might restrict resale of OA and Comics!

[JS]

http://articles.marketwatch.com/2012-10-04/finance/34240922_1_copyright-iphone-john-wiley-sons

 

Thoughts?

 

edit:

 

you can track the status of the case and the supporting documents here:

 

http://www.scotusblog.com/case-files/cases/kirtsaeng-v-john-wiley-sons-inc/

[malvin]

This does sound interesting.

 

Stranger things have happened, but the implications are so ridiculous that I doubt it will happen.

 

Malvin

[pinupcartoonguy]

Well, first thing that comes to mind is that this only applies to goods manufactured outside the US. Secondly, I think if anything, this will only apply to goods where you can get them cheaper abroad, so-called "gray market" goods.

 

Bottom line, I don't think we have anything to worry about from this case.

 

[JS]

Lots of folks aren't even aware of OA and Comic reselling..the problem here is if the Court rules thinking it is protecting publishing houses and TV and Movie rights-holders...

 

Imagine having to write letters to rights-holders prior to each sale!! Imagine having to pay a kick-back!! (This is the much more likely scenario...that the Court will just ask Congress to impose a charge on resellers..)

 

Either way..scary stuff and something to track..

[pinupcartoonguy]

I think I must be reading a much different case then you are. This all stems from the reselling of gray market text books.

[JS]

Where do you see that it only applies to foreign goods pinup? Or that it only applies to cheaper "gray market" goods? I don't read it the same way you do..

 

I believe the case can deal with anything within the US so long as part of it was produced outside the US....which I'd be willing to bet some part of the OA or comic was...(think ink, paper, etc)

[pinupcartoonguy]

By definition, goods that are sold overseas for use overseas, and then brought to the US are gray market.

[pinupcartoonguy]

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.

[JS]

read my edited post pinup...it certainly applies to OA made outside of the USA (like Walking Dead which is done in the UK) right?

[malvin]

I only skimmed it the first time and that I read it more carefully, I am not worried at all.

 

Malvin

[Claudio]

The walking dead copyright is in the United States. Just because it is drawn abroad doesn't mean it is subject to this decision. Eventually the IRS for crackdown on reselling on ebay and craigslist but I don't think we have to worry about it from this decision.

[pinupcartoonguy]

The intent of these laws is to protect manufacturer who sell identical good (let's say Crest toothpaste, or this case texbooks) for less in a foreign country than they do in the US. Toothpaste that's $2 here might be $1 in Thailand since it's a poorer country. In that case, they don't want people importing that tooth past from Thailand and then selling it for $1.50 here.

 

As such, it's highly doubtful that such a law would apply to one off objects like comic book OA.

 

[JS]

lets hope

[Garf]

Yes. Nice article. I can't see how they could do this to internal and export products. Imports maybe. It would just be license for copyright holders to tax all secondary markets. Besides it would also affect the rich so I can't see it happening

[comix4fun]

Man, I am PISSED OFF. I spent all night on Bangkok Craigslist looking for cheap Killing Joke pages, and nuttin'!!!

[alxjhnsn]

FYI. Here's a "flyer" on the case and actions you might want to take under consideration - http://act.demandprogress.org/sign/first_sale_obama/?source=fb

[Dr. Balls]

Man, I am PISSED OFF. I spent all night on Bangkok Craigslist looking for cheap Killing Joke pages, and nuttin'!!!

 

You're lucky that you didn't find anything else there!

[Dan.Adrians]

I tend to agree with pinupcartoonguy, this is for goods that can be bought cheaper overseas and then imported here to sell for less than what it is available for. I can't see them trying to tie in OA.

[AtlasFan]

I do recall hearing a EU law that states that everytime a piece of art is resold, the artist gets a percentage of each sale. I dont know if that extends beyond the grave to the estate of the artist as well. Scary stuff.