Landmark decision by the US Supreme Court for Resell of Copyrighted Content

In the case of Kirtsaeng v. John Wiley and Sons, the US Supreme Court ruled that American IP owners cannot stop imports and re-selling of copyrighted content that is lawfully sold outside of the US. It marks a major victory for American consumers since it allows them to shop worldwide for content that is covered by IP.

It means that a legal purchaser of a copyright-protected item may dispose of that property anyway he/she sees fit. The court ruled in favor of an immigrant scientist from Thailand., Supap Kirtsaeng,  imported textbooks that were lawfully printed overseas by a U.S. publisher. He then sold those printed textbooks on eBay.

The Supreme Court explained in it ruling that products are nowadays easily bought and sold outside of the US. Customers therefore enjoy a wider choice as well as lower prices for items that companies, libraries, used bookstores and retailers can import to the US, without the need to verify if any there is any US IP for further sale. To quote the Supreme Court: “A geographical interpretation would subject many, if not all, of them to the disruptive impact of the threat of infringement suits.”

This decision preserves the rights that the first-sale doctrine protects manufacturers, retailers, libraries, consumers, and the public at large.

The Supreme Court’s decision could potentially also impact digital content as well as is pharmaceuticals. As a result, people could opt for buying drugs abroad where prices are lower.

The Kirtsaeng case shows us legal eagles that copyright monopoly must be limited to its constitutional purpose. As the Supreme Court stated: “American law … has generally thought that competition, including freedom to resell, can work to the advantage of the consumer”.

Landmark Supreme Court ruling on pre-nups

The Supreme Court ruled for the first time that prenuptial agreements should have "decisive weight" in English divorce courts. They are binding providing they are fair.

The pre-nup in question was signed by Nicolas Granatino in Germany when he married German heiress Katrin Radmacher in 1998 after meeting her in the Tramps nightclub. The couple got married in Westminster and had two daughters, now age ten and seven.

French-born Granatino was an investment banker at JP Morgan until 2003, when he quit his banking career and is annual earnings of £330,000 to become a £30,000-a-year researcher at Oxford University. He kept on enjoying the good life at the expense of his wife. The couple parted ways in 2006.

Granatino was seeking £6million in a divorce settlement. Although he had agreed not to make any claims on her fortune if they split up, he was awarded £5.85m for his own use by a high court judge in 2009.

But due to the current Supreme Court ruling, he has to settle for “only” £1m and the use of a £2.5m home until his younger daughter is 22. Radmacher’s wealth is estimated at more than £100m, largely inherited from her family’s paper firm.

The Supreme Court ruled that the prenuptial agreement that Radmacher signed with her ex-husband to protect her fortune should be binding in England, even though it was signed in Germany.

Both parties were well represented. Radmacher's legal team included Ayesha Vardag, one of London’s famous divorce solicitors, and the eminent QC Richard Todd. Granatino’s legal team included Fiona Shackleton and Nicholas Mostyn, QC, who represented Sir Paul McCartney against Heather Mills.

Unlike the US and the rest of Europe, prenuptial contracts had little force in divorce settlements in England. Marital assets are normally divided equally between the former spouses.

Interest in prenuptial agreements is at an all-time high, also due to the rise in second marriages. Spouses have children and assets to protect from their previous marriages.

Before tying the knot, get a pre-nup. If everything goes well, you never need it. In case you and your spouse do break up, it is one thing less to fret about…..

(Image courtesy of www.funfacts.com.au)