In “The Impact of the Supreme Court’s Decision in Kirtsaeng v. Wiley on Libraries” (PDF), Jonathan Band explains the recent copyright decision on the scope of the “first sale” doctrine, its context, and its likely consequences for libraries in the US. In short, the Supreme Court’s opinion is a landmark victory that strengthens the legal foundation of library lending, and the Court’s extensive reliance on the Library Copyright Alliance’s amicus brief shows the importance of library engagement in policy debates. Continued vigilance will be necessary, Band explains, as rights holders disappointed with the Court’s majority opinion could go to Congress for a change to the law.
Jonathan Band is counsel to the Library Copyright Alliance (LCA), whose members are the American Library Association, the Association of College and Research Libraries, and the Association of Research Libraries. Band practices law at policybandwidth.com.