Booksellers Win Right to Resell Secondhand Books in U.S. Supreme Court Decision
- by Michael Stillman
The Court's decision.
The Court was undoubtedly distressed by the possibilities here, but returned to their dispassionate legal reasoning. The alternative to the geographical reading of “under” is to substitute “in accordance with” as a synonym for “under.” By this interpretation, books produced in accordance with the terms of American copyright law, even if produced outside of American jurisdiction, were still published “under” the law. As such, they are still subject to the “first sale” doctrine. Since Mr. Kirtsaeng's friends purchased the books in accordance with the U.S. copyright law (that is, they were legally purchased from the copyright holder), the “first sale” doctrine still applies. He can legally resell these books in America, and Wiley's protestations to the contrary printed inside the book carry no weight. It is no different than if the books were printed in America or if he had purchased the books in America. Once the first sale (to him) was made, he was free to do with his books as he pleased. It is this second view that prevailed in the Supreme Court. Game, set and match to Mr. Kirtsaeng and the booksellers.
It should be noted that while this decision preserves the first sale rights of all of those foreign published books currently in America, and those being brought to America now, Congress retains the right to change the rules in the future. Two of the judges who participated in the decision, one liberal and one conservative, added a concurring opinion in which they stated that they believed Congress had intended to allow for “segmented” markets (differing price structures in different countries). However, they felt obligated to rule as they did because they thought it worse to mess around with the “first sale” doctrine, thereby leaving booksellers, libraries, and the like trying to figure out what they could legally sell or lend. They opened the door to Congress, if it wants to allow for segmented markets, to restrict the importation of books published overseas. Put the onus on the importer, not the reseller. I, for one, would question such a limitation on First Amendment (free speech) grounds, but add those two judges to the three who dissented in this opinion, and you have the five needed to carry the day. I hope Congress lets this mangy sleeping dog lie.
Swann Maps & Atlases, Natural History & Color Plate Books December 9, 2025
Swann, Dec. 9: Lot 156: Cornelis de Jode, Americae pars Borealis, double-page engraved map of North America, Antwerp, 1593.
Swann, Dec. 9: Lot 206: John and Alexander Walker, Map of the United States, London and Liverpool, 1827.
Swann, Dec. 9: Lot 223: Abraham Ortelius, Typus Orbis Terrarum, hand-colored double-page engraved world map, Antwerp, 1575.
Swann Maps & Atlases, Natural History & Color Plate Books December 9, 2025
Swann, Dec. 9: Lot 233: Aaron Arrowsmith, Chart of the World, oversize engraved map on 8 sheets, London, 1790 (circa 1800).
Swann, Dec. 9: Lot 239: Fielding Lucas, A General Atlas, 81 engraved maps and diagrams, Baltimore, 1823.
Swann, Dec. 9: Lot 240: Anthony Finley, A New American Atlas, 15 maps engraved by james hamilton young on 14 double-page sheets, Philadelphia, 1826.
Swann Maps & Atlases, Natural History & Color Plate Books December 9, 2025
Swann, Dec. 9: Lot 263: John Bachmann, Panorama of the Seat of War, portfolio of 4 double-page chromolithographed panoramic maps, New York, 1861.
Swann, Dec. 9: Lot 265: Sebastian Münster, Cosmographei, Basel: Sebastian Henricpetri, 1558.
Swann, Dec. 9: Lot 271: Abraham Ortelius, Epitome Theatri Orteliani, Antwerp: Johann Baptist Vrients, 1601.
Swann Maps & Atlases, Natural History & Color Plate Books December 9, 2025
Swann, Dec. 9: Lot 283: Joris van Spilbergen, Speculum Orientalis Occidentalisque Indiae, Leiden: Nicolaus van Geelkercken for Jodocus Hondius, 1619.
Swann, Dec. 9: Lot 285: Levinus Hulsius, Achtzehender Theil der Newen Welt, 14 engraved folding maps, Frankfurt: Johann Frederick Weiss, 1623.
Swann, Dec. 9: Lot 341: John James Audubon, Carolina Parrot, Plate 26, London, 1827.
Sotheby’s Book Week December 9-17, 2025
Sotheby’s, Dec. 11: Darwin and Wallace. On the Tendency of Species to form Varieties..., [in:] Journal of the Proceedings of the Linnean Society, Vol. III, No. 9., 1858, Darwin announces the theory of natural selection. £100,000 to £150,000.
Sotheby’s, Dec. 11: J.K. Rowling. Harry Potter and the Philosopher's Stone, 1997, first edition, hardback issue, inscribed by the author pre-publication. £100,000 to £150,000.
Sotheby’s, Dec. 11: Wolfgang Amadeus Mozart. Autograph sketchleaf including a probable draft for the E flat Piano Quartet, K.493, 1786. £150,000 to £200,000.
Sotheby’s, Dec. 12: Hooke, Robert. Micrographia: or some Physiological Descriptions of Minute Bodies made by Magnifying Glasses. London: James Allestry for the Royal Society, 1667. $12,000 to $15,000.
Sotheby’s, Dec. 12: Chappuzeau, Samuel. The history of jewels, first edition in English. London: T.N. for Hobart Kemp, 1671. $12,000 to $18,000.
Sotheby’s, Dec. 12: Sowerby, James. Exotic Mineralogy, containing his most realistic mineral depictions, London: Benjamin Meredith, 1811, Arding and Merrett, 1817. $5,000 to $7,000.
![<b>Sotheby’s, Dec. 11:</b> Darwin and Wallace. On the Tendency of Species to form Varieties..., [in:] <i>Journal of the Proceedings of the Linnean Society,</i> Vol. III, No. 9., 1858, Darwin announces the theory of natural selection. £100,000 to £150,000.](https://ae-files.s3.amazonaws.com/AdvertisementPhotos/00d5fd41-2542-4a80-b119-4886d4b9925f.png "<b>Sotheby’s, Dec. 11:</b> Darwin and Wallace. On the Tendency of Species to form Varieties..., [in:] <i>Journal of the Proceedings of the Linnean Society,</i> Vol. III, No. 9., 1858, Darwin announces the theory of natural selection. £100,000 to £150,000.")
