4 ms·

Actually, when it comes to sales across borders, "Not for Resale Outside of [X country or region" has legal effect in every country that respects copyright. Fi

by rprasad 14y ago

Actually, when it comes to sales across borders, "Not for Resale Outside of [X country or region" has legal effect in every country that respects copyright. First-sale doctrine is a uniquely American idea; it only applies to (first) sales subject to the jurisdiction of American courts. I.e., it would apply to a sale by Amazon to some dude in Japan and to a sale by Amazon JP to some guy in California, but not to a sale by Amazon KOR to some guy in China, who then resells into the U.S.

sjmulder 14y ago
Of course the US laws on copyright only apply to the US, but the idea behind the first-sale doctrine exists elsewhere. I just looked up the Dutch rules[1], and it turns out it’s very much the same. When a work is sold, the copyrights are “exhausted” and can no longer be invoked for that copy. 1: http://www.iusmentis.com/auteursrecht/spoedcursus/beperkingen/ http://www.iusmentis.com/auteursrecht/spoedcursus/beperkinge... (Dutch)
- Evbn 14y ago
  That doesn't say anything about a legal right to import a work created under abother country's laws, or a resident of another country's right to import a work from the Netherlands.
- wtallis 14y ago
  While it appears from your link that the Netherlands may have something similar to first-sale doctrine, many European countries have the exact opposite, droit de suite, which allows for the original author (or their estate) to exercise control over any sale, not just the first.
  - ohashi 14y ago
    What is the argument in favor of that?
    - Terretta 14y ago
      So that when an artist sells a painting for $10 that gets resold for $100 million, the artist can realize some of the true value of the work they produced.
      - ohashi 14y ago
        Why should they though? They thought it was worth $10. Why is their pricing mistake rewarded?
        Terretta 14y ago
        Appreciation.
  - kristofferR 14y ago
    It's not the exact opposite necessarily. It's very possible to have both the first-sale doctrine and droit de suite in the same copyright law. In Norway for example we have the first-sale doctrine, but when original versions of artwork, valued over 3000 Euro, are resold the original artist shall receive around 5% of the transaction (unless the artwork is sold to a museum that displays the art to the public).
  - wazoox 14y ago
    Apparently (and logically) it only applies to original art, excepting literary and musical manuscripts: http://europa.eu/legislation_summaries/internal_market/businesses/intellectual_property/l26049_en.htm http://europa.eu/legislation_summaries/internal_market/busin... Therefore it seems that it has absolutely no effect on art reproduction, and of course printed books of any kind.
uptown 14y ago
I've seen this handled on eBay by some by including a "safe" product which is listed as the item for sale, and "giving" away the item that's excluded from being resold. Basically the buyer and seller have a full understanding of what the transaction is about, but selling the non-regulated item seems to be enough to circumvent the intent of the law.

by rprasad 14y ago

sjmulder 14y ago

Of course the US laws on copyright only apply to the US, but the idea behind the first-sale doctrine exists elsewhere. I just looked up the Dutch rules[1], and it turns out it’s very much the same. When a work is sold, the copyrights are “exhausted” and can no longer be invoked for that copy. 1: http://www.iusmentis.com/auteursrecht/spoedcursus/beperkingen/ http://www.iusmentis.com/auteursrecht/spoedcursus/beperkinge... (Dutch)

Evbn 14y ago
That doesn't say anything about a legal right to import a work created under abother country's laws, or a resident of another country's right to import a work from the Netherlands.
wtallis 14y ago
While it appears from your link that the Netherlands may have something similar to first-sale doctrine, many European countries have the exact opposite, droit de suite, which allows for the original author (or their estate) to exercise control over any sale, not just the first.
- ohashi 14y ago
  What is the argument in favor of that?
  - Terretta 14y ago
    So that when an artist sells a painting for $10 that gets resold for $100 million, the artist can realize some of the true value of the work they produced.
    - ohashi 14y ago
      Why should they though? They thought it was worth $10. Why is their pricing mistake rewarded?
      - Terretta 14y ago
        Appreciation.
- kristofferR 14y ago
  It's not the exact opposite necessarily. It's very possible to have both the first-sale doctrine and droit de suite in the same copyright law. In Norway for example we have the first-sale doctrine, but when original versions of artwork, valued over 3000 Euro, are resold the original artist shall receive around 5% of the transaction (unless the artwork is sold to a museum that displays the art to the public).
- wazoox 14y ago
  Apparently (and logically) it only applies to original art, excepting literary and musical manuscripts: http://europa.eu/legislation_summaries/internal_market/businesses/intellectual_property/l26049_en.htm http://europa.eu/legislation_summaries/internal_market/busin... Therefore it seems that it has absolutely no effect on art reproduction, and of course printed books of any kind.

uptown 14y ago

I've seen this handled on eBay by some by including a "safe" product which is listed as the item for sale, and "giving" away the item that's excluded from being resold. Basically the buyer and seller have a full understanding of what the transaction is about, but selling the non-regulated item seems to be enough to circumvent the intent of the law.