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Three Thoughts About Kirtsaeng

BY | May 28, 2013

Aaron Panner, May 28, 2013 In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court decided by a 6-3 margin that the “first sale” doctrine, codified at 17 U.S.C. 109(a),…

Aaron Panner, May 28, 2013

In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court decided by a 6-3 margin that the “first sale” doctrine, codified at 17 U.S.C. 109(a), applies to legitimate copies that are made and sold overseas for distribution overseas. Accordingly, despite the prohibition on unauthorized importation of copies acquired abroad, contained in section 602(a)(1) of the Copyright Act, a copyright holder generally has no right to prevent importation of foreign e

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