John Wiley & Sons Inc. & Ors. vs Prabhat Chander Kumar Jain & Ors.
[ ILR (2010) 5 Del 510: (2010) 44 PTC 675]
Coram: Single Judge Bench comprising of Hon’ble Justice Manmohan Singh
Forum: Hon’ble Delhi High Court
Case No.: IA No.: 11331/2008 in CS (OS) No. 1960/2008.
Date of Decision: May 17, 2010.

First Sale Doctrine: The first sale doctrine in copyright law allows the purchaser of a copyrighted work to resell or dispose of that particular copy without needing permission from the copyright owner. Once the copyright owner sells a copy of their work, they lose the right to control that specific copy's distribution. This doctrine enables the free movement of goods and ensures that copyright does not act as a barrier to the legitimate trade of copyrighted works.

Facts:

  • John Wiley & Sons (Plaintiff), a New York-based corporation solely awarded license to Wiley India Pvt. Ltd. to exercise exclusive rights over the distribution of certain books in the Indian subcontinent.
  • The books were sold with a label that they shall be available for sale only in Bangladesh, Myanmar, India, Indonesia, Nepal, Pakistan, Philippines, Sri Lanka, and Vietnam, and not permitted for re-exporting to any country except the above-mentioned.
  • Despite the label, a bookseller in Delhi (Defendant), was trading these books to US and UK and causing loss to the Plaintiff.
  • Hence, the Plaintiff sued the Defendant for infringement of copyright and pleaded for an injunction to restrain the re-exporting of books to countries outside the Indian subcontinent


Main Issue:

Whether exporting books outside territorial boundaries amounts to infringement of copyright?