Kirtsaeng v. John Wiley & Sons
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|Case Term||OT 2012|
|Question Presented||Under § 602(a)(1) of the Copyright Act, it is impermissible to import a work “without the authority of the owner” of the copyright. But the first-sale doctrine, codified at § 109(a), allows the owner of a copy “lawfully made under this title” to sell or otherwise dispose of the copy without the copyright owner's permission. The question presented is how these provisions apply to a copy that was made and legally acquired abroad and then imported into the United States.|
|Lower Court's Decision||A copy made abroad is never subject to the first sale defense.|
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Outcome - Reverse
This case was decided on 18 March, 2013.