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first-sale

Wednesday: Amazon sued by small merchants; Amazon Prime members stop shopping elsewhere; First sale upheld by SCOTUS

Wednesday: Amazon sued by small merchants; Amazon Prime members stop shopping...

The copyright holder’s rights are not limitless “In copyright jargon, the “first sale” has “exhausted” the copyright owner’s §106(3) exclusive distribution right.” And because the publisher had authorized their production, they were “lawfully made” and thus not subject to geographic limitations and the first sale doctrine applied. Actual decision can be found here (PDF). Scotusblog

“Even more interesting than the growing Prime ranks is what Prime seems to do to subscribers. A 2010 Businessweek story stated that Amazon Prime broke even within three months of launching, not the two years predicted by its creators. That’s because customers spent as much as 150% more at Amazon after they became Prime members. Subscribers not only ordered more often, but after paying the $79 fee, they started buying things at Amazon that they probably wouldn’t have in the past. Since shipping was always speedy and free, members saved themselves a trip to the store for things like batteries and coffee beans. “In all my years here, I don’t remember anything that has been as successful at getting customers to shop in new product lines,” Robbie Schwietzer, vice president of Amazon Prime, told Businessweek.

“To this end, I would like to state somethin g that I hope is uncontroversial. The issues of authors are intertwined with the interests of the public. As the first beneficiaries of the copyright law, they are not a counterweight to the public interest but instead are at the very center of the equat ion. In the words of the Supreme Court, “[t] he immediate effect of our copyright law is to secure a fair return for an ‘author’s’ creative labor. But the ultimate aim is, by this incentive, to stimulate artistic creativity for the general public good. ” 2 Congress has a duty to keep authors in its mind’s eye, including songwriters, book authors, filmmakers, photographers, and visual artists. A law that does not provide for authors would be illogical — hardly a copyright law at all. “ USCO

Bowker Market Research press release sample

Friday News: Random House launches three digital only imprints; Trademark rejected; First sale case criticized by Colbert; Somewhat increase protection for emails introduced

Friday News: Random House launches three digital only imprints; Trademark rejected;...

The Colbert Report Mon – Thurs 11:30pm / 10:30c
Judge, Jury & Executioner – Copyright Law
www.colbertnation.com
Colbert Report Full Episodes Political Humor & Satire Blog Video Archive

Reason.com has a great run down of the case and its background.  For instance, it could affect whether I could resell the paperback I purchased via BookDepository of a book only published in Australia.

Under a 1986 law called The Electronic Communications Acts, emails stored in the cloud can be accessed by the FBI without a warrant. This is how Petraeus got caught because Google blithely handed over information requested by the FBI.

The Senate Judiciary Committee has now approved a bill that would require law enforcement to obtain a warrant to read emails. However, law enforcement can delay informing subjects that their emails have been seized for 180 days, a period that can be renewable.

One way to avoid this? Create your own cloud. The Hill’s Hillicon Valley

RH digital only

In addition, this digital-only program will seek out the best and brightest names in the next generation of authors, enabling us to cultivate a team of writers in the publishing world’s most prolific and lively genres. … Under this program, authors will have a complete and unique publishing package. Every book will be assigned to an accomplished Random House editor and a dedicated publicist. They will also have the invaluable support of Random House’s experienced marketing and digital sales teams, who know how to reach out to and expand each book’s dedicated readership. … To reach the widest possible readership, every title will be available for purchase at major e-retailers and will be compatible with all reading devices.

According to PaidContent, RH is looking to help self published authors seeking broader access. In some ways, this sounds like a type of publishing services program.   PW has a little more information:

The editorial team will be overseen by Gina Wachtel, v-p, associate publisher, with the support of Sue Grimshaw, editor-at-large, romance; Randall Klein, associate editor, mystery and thrillers, and Sarah Reed, associate editor, science-fiction and fantasy.

Hopefully whatever website they create for these imprints, it looks better than the monstrosity they currently have set up.

FIFTY SHADES OF GREY
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Soaps; perfumery; essential oils; cosmetics; preparations for the hair, skin, body, face, hands and feet; depilatory preparations; exfoliating preparations; shaving preparations; waxing preparations for the removal of hair

IC 004. US 001 006 015. G & S: Candles and wicks for lighting; scented candles

IC 006. US 002 012 013 014 023 025 050. G & S: Goods of common metal; handcuffs; shackles; karabiners; metal grids; metal chains

IC 009. US 021 023 026 036 038. G & S: Recording discs; compact discs; DVDs and other digital recording media; tapes; recording discs; sound recordings; video recordings; recorded films; electronic publications; sunglasses; mobile phones; mobile phone accessories; mobile phone applications and software

IC 010. US 026 039 044. G & S: Sex aids including ropes; marital aids; benwa balls, being adult sexual aids; adult sexual stimulation aids; vibrators; condoms; massage apparatus

IC 014. US 002 027 028 050. G & S: Jewellery; costume jewellery; clocks and watches

IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper, cardboard and goods made from these materials; printed matter; photographs; stationery; calendars; postcards; greetings cards; books; magazines

IC 018. US 001 002 003 022 041. G & S: Leather and imitation leather and goods made from these materials; animal hides; trunks and travelling bags; handbags, rucksacks, purses, wallets, holdalls; umbrellas; whips

IC 020. US 002 013 022 025 032 050. G & S: Furniture; mirrors; picture frames; articles made of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber; mother-of-pearl, meerschaum or plastic; garden furniture; pillows and cushions; mugs

IC 024. US 042 050. G & S: Textiles and textile goods; bed and table covers; rugs; duvets; covers for pillows, cushions or duvets

IC 025. US 022 039. G & S: Clothing; footwear; headgear; lingerie, men’s underwear, hosiery, bathing costumes; dressing gowns; nightwear; costumes for use in role-play

IC 028. US 022 023 038 050. G & S: Games and playthings; soft toys; playing cards; boardgames; gymnastic and sporting articles

IC 033. US 047 049. G & S: Wines; spirits and liqueurs; alcopops; alcoholic cocktails

IC 034. US 002 008 009 017. G & S: Smokers’ articles; matches; lighters for smokers

IC 041. US 100 101 107. G & S: Education services; entertainment services; party planning; arranging of parties; hosting social entertainment events; production of films; sporting and cultural activities; arranging of conferences, seminars and symposiums

IC 045. US 100 101. G & S: Marriage guidance counselling; personal relationship consulting
Standard Characters Claimed