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Kirtsaeng v. John Wiley & Sons

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Case Term OT 2012
Category
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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by Westlaw
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Merit Briefs:

Certiorari-Stage Documents:

Outcome - Reverse

This case was decided on 18 March, 2013.

Roberts
Robertsremand
Scalia
Scaliaaffirm
Kennedy
Kennedyaffirm
Thomas
Thomasremand
Ginsburg
Ginsburgaffirm
Breyer
Breyerremand
Alito
Alitoremand
Sotomayor
Sotomayorremand
Kagan
Kaganremand