The Migration of the Book across Territorial Borders

Abstract

This chapter deals with the copyright issues faced by authors once their books enter the digital sphere, as well as the difficulties associated with overseas publications of their books, from a territorial perspective. It examines whether territorial copyright borders still afford book authors effective copyright protection in the digital economy, and further, whether the culture of the book is being eroded through the prevalence of extra-territorial publications. Relevantly, this article examines the landmark US Supreme Court decision of Kirtsaeng v Wiley and Sons, Inc. and considers its likely future impact on the enforcement of territorial copyright by authors and publishers. Finally, the article concludes that territorial copyright borders have become blurred, difficult to enforce in view of recent precedent, and are ineffective in preserving authors' copyright and the cultural dimensions of their books.