I bought that book, I can do with it what I want...can't I?

What do you do with a book when you are done reading it?  Do you lend it to a friend (with no expectation of it being returned)?  Do you donate it to Goodwill Industries or the Salvation Army so they can sell it to fund their projects?  Do you list it on eBay or Craigslist?

All of those options are your right based on what is known as the "first sale" doctrine of copyright law.  This doctrine is the general rule that allows a lawful purchaser of a copyrighted item to lend, donate or sell that CD, DVD, book or painting as they see fit without first obtaining permission from the copyright holder. 

But, if book publishers have their way, that doctrine may be modified or abandoned.

It all started when an enterprising young man from Thailand transferred to an American university.  He noticed that some text books were selling for less in Asia than they did in the States. So he purchased a quantity of the books in his homeland and resold them at a (considerable) profit in the U.S.

Publisher John Wiley & Sons became aware of this venture and was none too pleased with the student's ingenuity, so they sued.  According to court filings, the publisher, as well as like-situated vendors, wants to protect their practice of selling their goods for different prices in different markets.  They have argued that the "first sale" doctrine should apply only to goods produced in the U.S.

Wiley has won its court battles so far, but now the matter is going to be considered by the U.S. Supreme Court.

The book seller's position is being championed by the Owners' Rights Initiative, an organization devoted to the rights of the reseller.  Their online slogan is "You Bought It, You Own It. (You Have a Right to Resell It)."   But there are those less obvious about their positions that support the bookseller.  Some who deal in the business of selling "seconds" are worried that they will be responsible for tracking the national origin of the goods they resell.

Media merchants insist that any change in the law will not apply to simple transactions between associates. 

But the Supreme Court does not usually issue decisions with a disclaimer that says "This ruling really doesn't apply to you."

Disclaimer:

This site was established to provide information about the law, designed to educate users about issues in which they may have an interest. But legal information is not the same as legal advice -- the application of law to an individual's specific circumstances. Although I go to great lengths to make sure the information provided is accurate and useful, I recommend you consult a lawyer if you want professional assurance that the information, and your interpretation of it, is appropriate to your particular situation.