Legal Question in Intellectual Property in Michigan

The first sale doctrine has been around for over 150 years, and first recognized by the Supreme Court in 1908, and codified by Congress in 1909. There is very good case law to support the notion that your wife can do this without getting hassled. (Well, anyone can hassle, but I mean, hassled in a legally sufficient way.)

However, there is a huge case pending before the Supreme Court at this very moment, in which copyright owners are arguing that Section 109(a) of the Copyright Act (the current codification, since 1976) does not apply to copies made outside of the United States. While I am very optimistic that the Supreme Court will do the right thing, just today I ran across a very pessimistic lawyer knowledgeable of the same issue. In short, if you or your wife are really concerned, you can always limit the old books used in her projects to copies made in the U.S., at least until the Supreme Court decides (which may not be until early next year).

Although I don't know what, exactly, she will be doing with the books, it sounds as though it might be a sufficiently transformative use that it would fit the Section 107 (fair use) exception to copyright. It appears to me that she is developing a fascinating craft -- I wish her the best.

Here is Section 109 (and you can click "prev" to get to 107):

http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000109----000-.html

Good luck.