- Lutzker & Lutzker LLP - http://www.lutzker.com -

Arnold Lutzker and Susan Lutzker Publish Article on Impact of Supreme Court COSTCO v. OMEGA Copyright Decision for Schools and Libraries

The lead article in the Spring 2011 edition of the AIME newsletter by Arnold Lutzker and Susan Lutzker discusses the meaning for schools and libraries of the Supreme Court’s equally divided decision on the first sale doctrine in Costco v. Omega. The Court affirmed the Ninth Circuit’s decision that mega-retailer Costco infringed Omega’s design in watches manufactured in Switzerland when it imported and sold them in the United States. But, because the decision was a 4-4 split, the holding that the first sale doctrine does not apply to copies of works manufactured abroad is only binding in the Ninth Circuit. Nevertheless, other Courts of Appeal will likely agree, and schools and libraries need to rethink certain widespread practices, such as buying and importing cheaper foreign editions of textbooks.