About: Bobbs-Merrill Co. v. Straus     Goto   Sponge   NotDistinct   Permalink

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Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908), was a United States Supreme Court decision concerning the scope of rights accorded owners of a copyright versus owners of a particular copy of a copyrighted work. This was a case of first impression concerning whether the copyright laws permit an owner to control a purchaser's subsequent sale of a copyrighted work. The court stated the issue as:

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  • Bobbs-Merrill Co. v. Straus (en)
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  • Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908), was a United States Supreme Court decision concerning the scope of rights accorded owners of a copyright versus owners of a particular copy of a copyrighted work. This was a case of first impression concerning whether the copyright laws permit an owner to control a purchaser's subsequent sale of a copyrighted work. The court stated the issue as: (en)
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  • (en)
  • Bobbs-Merrill Company v. Straus, et al. doing business as R.H. Macy & Company (en)
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  • None (en)
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  • unanimous (en)
LawsApplied
  • U.S. Rev. Stat. §§ 4952, 4965, 4970 (en)
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  • Judgment for defendants, 139 F. 155 ; affirmed, 147 F. 15 (en)
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  • Bobbs-Merrill Co. v. Straus, (en)
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  • Bobbs-Merrill Company v. Straus, et al. doing business as R.H. Macy & Company (en)
Holding
  • Copyright holders did not have the statutory right to control the price of subsequent resales of lawfully purchased copies of their work. Second Circuit affirmed. (en)
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  • Bobbs-Merrill Co. v. Straus (en)
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  • Day (en)
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  • Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (1908), was a United States Supreme Court decision concerning the scope of rights accorded owners of a copyright versus owners of a particular copy of a copyrighted work. This was a case of first impression concerning whether the copyright laws permit an owner to control a purchaser's subsequent sale of a copyrighted work. The court stated the issue as: Does the sole right to vend (named in 4952) secure to the owner of the copyright the right, after a sale of the book to a purchaser, to restrict future sales of the book at retail, to the right to sell it at a certain price per copy, because of a notice in the book that a sale at a different price will be treated as an infringement, which notice has been brought home to one undertaking to sell for less than the named sum? The case centered on the publisher setting additional terms not specifically stated in the statute and claiming that the work was licensed and not sold. The Court's ruling established what came to be known as the "first-sale doctrine", which was later codified as § 109(a) of the Copyright Act of 1976. (en)
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