Colbert Takes On First Sale Rights; Mocks Kirtsaeng Case

from the first-sale-goes-mainstream dept

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Copyright issues don't often become "mainstream" stories. SOPA was the exception, not the rule, and it only really went fully mainstream at the very end with the January 18th blackouts. But it's always nice to see when big copyright issues get some mainstream love. Stephen Colbert actually has covered copyright (and other IP) issues a few times on his show (perhaps because his brother is an IP lawyer). He was actually among the first on TV to cover SOPA . Still, it's a bit surprising to hear that he devoted an entire segment of his show to First Sale , and specifically the Kirtsaeng case that we've been covering. If you're in the US or one of the very small number of countries that Viacom's streams work in, you can watch it below (blame Viacom, not me, if you can't):For those who can't watch it, Colbert gives a basic explanation of what's at stake in the Kirtsaeng case, even calling out that the First Sale Doctrine was codified by the courts over a century ago (and then joking "I'm sorry, I don't buy this 'First Sale' argument... and if I did buy it, I would not resell it, because I don't have the right!"). Then he notes that the Kirtsaeng issue would only apply to goods manufactured outside of the US, and cracks a joke about how little is still manufactured in the US these days. After highlighting how this could hurt sites like eBay, he notes that he's planning a garage sale, and that he now needs to get permission from the copyright holders on any goods made outside the US... and proceeds to call up Elvis Costello to haggle with him over his plan to sell a vinyl copy ofIt may not be the funniest Colbert bit, but it's still quite amazing to see first sale issues get such mainstream coverage. Even though the Kirtsaeng case is at the Supreme Court and a certified "big deal," it's still pretty obscure outside of copyright circles. So it's great that it appears to be getting some mainstream love. Colbert uses clips from a few popular news shows discussing the case, including the O'Reilly Factor, again showing the issue is getting plenty of attention.And, while we're used to commentators screwing up the details, Colbert mostly seems to get them right here (again, I wonder if he ran some stuff by his brother). It gets a little fuzzy at times when he seems to suggest that all goods are covered by copyright, but that can likely be chalked up to trying to simplify the explanation for the sake of lining up a good punchline. Of course, it's also worth noting that Colbert's bosses at Viacom are members of the MPAA (via Paramount, which is owned by Viacom), and the MPAA filed a ridiculous brief in the case that effectively argues that the US economy might collapse if the Supreme Court doesn't wipe out your first sale rights. It would have been really amazing if Colbert dug into the insanity therein...

Filed Under: copyright, first sale, kirtsaeng, stephen colbert