Journal of Art, Technology, and Intellectual Property (JATIP) presents Copyright Law and Gray Market Goods: John Wiley & Sons v. Kirstaeng
In John Wiley & Sons, Inc. v. Kirtsaeng, 654 F.3d 210 (2d Cir. 2011), a publishing company brought an action against a defendant who was importing and selling textbooks within the US. The defendant had relatives in Thailand purchase foreign editions of textbooks legally printed abroad. The relatives would send the textbooks to the defendant and the defendant would sell them for a profit within the U.S. On appeal, the defendant argued that he should have been allowed to put forth a first sale defense. The Second Circuit affirmed the district court's rejection of a first sale defense based on a plain language interpretation of 17 USC § 602(a) and 17 U.S.C. § 109(a) and some dicta in Quality King Distributors, Inc. v. L'anza Research International, Inc., 523 U.S. 135 (1998). (Quality King involved goods that were manufactured within the US, sold abroad and then re-imported.). The Supreme Court granted cert. The Supreme Court had previously issued Costco Wholesale Corp. v. Omega, S.A., 131 S. Ct. 565 (2010), a 4-4 opinion dealing with whether or not the first sale defense was applicable to goods purchased outside of the US which were legally manufactured abroad. Justice Kagan did not take part in the Costco decision. Oral arguments were heard on Oct. 29, 2012. On March 19, 2013, Justice Breyer, writing for a majority of six, emphatically rejected the publisher’s control over the importation of “gray-market” products manufactured for overseas markets. The Court held that the “first sale” doctrine, which allows the owner of a copyrighted work to sell or otherwise dispose of that copy as he wishes, applies to copies of a copyrighted work lawfully made abroad. Justice Kagan filed a concurring opinion in which Justice Alito joined. Justice Ginsburg filed a dissenting opinion in which Justice Kennedy joined, and in which Justice Scalia joined except as to Parts III and V–B–1. The slip opinion is available here.
The program will consist of:
Noon - 1pm (1 hr IL CLE credit)
Distinguished Guest Speaker: Professor Tyler Ochoa from Santa Clara University School of Law
1pm - 1:15pm - Break, refreshments served
1:15pm - 2:15pm (1 hr IL CLE credit)
Panel Discussion featuring:
Professor Tyler Ochoa
Special Guest Lecturer
Tyler Ochoa is a Professor with the High Tech Law Institute at Santa Clara University School of Law in California. Professor Ochoa has co-authored several casebooks, including the popular casebook Copyright Law with Craig Joyce, Marshall Leaffer and Peter Jaszi, and Understanding Intellectual Property Law with Donald Chisum, Shubha Ghosh, and Mary LaFrace. In addition, Professor Ochoa has submitted three amicus briefs to the Supreme Court involving copyright law, and has spoken on copyright law on numerous occasions. Apart from his professional accomplishments, Professor Ochoa was a two-time champion on the television game show Jeopardy! and a champion on the television game show Win Ben Stein’s Money. He received his J.D. from Stanford Law School in 1987.
Kevin Tottis is the founder of the Law Offices of Kevin Tottis, a boutique intellectual property litigation firm in Chicago. Mr. Tottis has over 25 years of experience in intellectual property litigation, and has recently acted as counsel of record before the United States Supreme Court on the American Intellectual Property Law Association’s amicus filing in Kirtsaeng v. John Wiley & Sons, the case at the center of this Symposium. Mr. Tottis has given numerous talks on intellectual property, and has authored many articles on copyright law and litigation. Mr. Tottis received his J.D. from the University of Michigan Law School.
Professor Matthew Sag
Matthew Sag is an Associate Professor of Law at Loyola University Chicago School of Law and also currently a visiting scholar at Melbourne University Law School. Professor Sag's research focuses on the intersection of law and technology. Professor Sag's works have been published in leading journals such as the California Law Review, the Northwestern Review and the Georgetown Law Journal. Prior to his academic work, Professor Sag practiced intellectual property law in the United Kingdom with Arnold & Porter, and in the Silicon Valley offices of Skadden, Arps. Professor Sag earned his law degree from the Australian National University.
Robert Paul is currently the Director of Business Operations at Compass Lexecon, a leading consulting firm specializing in damages, antitrust/mergers, securities, and other areas. Mr. Paul received his J.D. in 2012 from DePaul University College of Law. While at DePaul, Mr. Paul participated in several intellectual property student organizations and journals, including serving as the treasurer of the Intellectual Law Property Society, and serving as an editor for the Journal of Art, Technology & Intellectual Property Law.
Margit Livingston is a Professor at DePaul University College of Law, where she teaches and writes in the areas of intellectual property, commercial law and animal law. Professor Livingston has published several articles for law reviews, and her most recent article, "Bewitched, Bothered and Bewildered: The Courts and Revised Article 9 of the Uniform Commercial Code Ten Years Later," was published in the DePaul Business & Commercial Law Journal. Apart from her writing, Professor Livingston has also won numerous awards for her teaching, scholarship and service, including the DePaul University Excellence in Teaching Award in 2008 and the DePaul College of Law Faculty Achievement Award in 2010. Professor Livingston earned her J.D. from the University of Minnesota Law School.
2:15 pm - 3pm - Reception to Follow the Panel Discussion
Monday, April 8, 2013
Noon to 2:15 p.m.
1 E. Jackson Blvd.
Chicago, IL 60604