Matter of Import: Supreme Court’s Kirtsaeng
Sale Doctrine and Tackles Geographic Limitations on Exhaustion
March 19, 2013, the U.S. Supreme Court passed down its decision in Kirtsaeng v. John Wiley & Sons, Inc.,
ruling that the first sale doctrine trumped Wiley's right to control
importation of copyrighted works into the U.S.
The decision allowed an enterprising college student, Kirtsaeng, to
import Wiley textbooks lawfully made in Thailand into the U.S., where he sold
them online for a healthy profit. The
holding has potentially far reaching implications both for U.S. copyright
owners who wish to price their offerings differently in different
jurisdictions, and for consumers of copyrighted works seeking the lowest
the wake of the Supreme Court’s ruling in Kirtsaeng,
the content and media industries have found themselves once again polarized on
a fundamental issue of copyright law.
The Copyright Society of the U.S.A. has assembled a distinguished panel
(biographies below) to discuss the Supreme Court’s decision and its potential
impact on the publishing industry and other copyright-centered industries, such
as recorded music. Please join us at
noon on Tuesday, April 30th for an exciting and timely discussion
regarding the ramifications of this significant decision.
Time: 12:00 p.m.-12:30 p.m.: Networking Reception (cash bar)
p.m.-1:00 p.m.: Lunch
p.m.: Program (Please note: event will end promptly)
Cost: $70.00 (Members) $85.00 (Nonmembers) $33.00 (Students - Limited; please email requests to firstname.lastname@example.org)
CLE: The Copyright Society of the USA is a NY CLE Approved Provider. This course is Transitional and
Nontransitional, and provides 1.0 Professional Practice Credit
(based on 50 minutes).
Noon – April 26 - FULL BROCHURE
Adler is the General Counsel and Vice President for Government Affairs for the
Association of American Publishers, the national trade association of the U.S.
book publishing industry. In this role, Mr. Adler oversees AAP's legislative,
regulatory and litigation activities on behalf of its 350 member organizations.
He is the U.S. book publishing industry's chief representative with respect to
Congress, the Administration, federal agencies and international bodies such as
the World Intellectual Property Organization, and oversees strategies for AAP
members' engagement on intellectual property, First Amendment, education, and
technology issues. Mr. Adler graduated from SUNY Binghamton and obtained his
law degree from The National Law Center of the George Washington University in
Washington, D.C. After serving as Legislative Counsel for the American Civil
Liberties Union, Mr. Adler was a partner in the Washington law firm of Cohn and
Marks, where he focused on telecommunications and information policies.
Dan Hunter is a
Professor of Law and the Director of the Institute for Information Law &
Policy at New York Law School. He is
also an Adjunct Associate Professor of Legal Studies and Business Ethics at The
Wharton School, University of Pennsylvania. He is an expert in intellectual
property and internet law, and regularly publishes on issues dealing with the
intersection of computers and law, including papers dealing with the regulation
of virtual worlds, the use of artificial intelligence in law, and high
technology aspects of intellectual property.
His scholarship has appeared in journals such as the California Law Review (three times), the
Texas Law Review, the William & Mary Law Review, and the Journal of Legal Education. He is a panelist for the resolution of domain
name disputes for the World Intellectual Property Organization, and is on the
editorial board of numerous journals.
His most recent books have been Oxford’s Introduction to Intellectual Property (OUP, 2012), Amateur Media (Routledge, 2012) and For The Win: How Game Thinking Can
Revolutionize Your Business (Wharton Digital, 2012). His current projects include a large-scale
examination of the development of user-generated content, an intellectual
property history of LEGO, and work on the social significance of luxury
Pariser is Senior Vice President of Litigation & Anti-Piracy for RIAA,
where she oversees all litigation matters including lawsuits against
individuals and companies engaged in copyright infringement both online and in
the hard good context. She also provides counsel on a wide variety of other
legal issues for the association. Jenny previously served as Senior Vice
President & Associate General Counsel at Sony Music Entertainment, overseeing
all the company's litigation matters. Prior to that she was an associate with
the firms Patterson, Belknap, Webb & Tyler and Debevoise & Plimpton in
New York and also served as a judicial clerk to the Honorable Charles Tenney in
the United States District Court for the Southern District of New York. She
graduated from New York University Law School in 1989 where she was a member of
the Law Review. She lectures extensively on copyright topics including at
the Copyright Society of the USA, the American and New York Bar Associations,
PLI and various law schools.
Lisa T. Simpson
Lisa T. Simpson is a partner in the Intellectual
Property and Litigation groups of Orrick, Herrington & Sutcliffe LLP.
She served as counsel to Supap Kirtsaeng on his appeal the U.S. Supreme Court,
securing a 6-3 decision in Mr. Kirtsaeng's favor on the issue of the first sale
doctrine's applicability to goods manufactured abroad. Ms. Simpson's
practice focuses on representing retail, technology and entertainment companies
in various matters involving copyright, trademark, false advertising, right of
publicity, defamation and licensing disputes. Ms. Simpson was on the
trial team that secured a jury verdict for MGA Entertainment, Inc. in its
copyright and trade secrets dispute over the Bratz dolls and is currently
representing Dish Networks, LLC in its ongoing copyright litigation with the
broadcast networks over various features offered by DISH's Hopper DVR,
including AutoHop. Ms. Simpson received her Bachelor of Arts degree in
English from Duke University and obtained her J.D. with high honors from Duke
Law, where she served as Editor of the Duke Journal of Law & Contemporary
Problems and as a member of the Moot Court Board.