Supreme Court of the United States
Kirtsaeng, Dba Bluechristine99 v. John Wiley & Sons, Inc.
March 19, 2013133 S. Ct. 1351
Summary
The Supreme Court held that the 'first sale' doctrine under 17 U.S.C. §109(a) applies to copies of a copyrighted work lawfully made abroad. The Court rejected a geographical interpretation of 'lawfully made under this title,' reasoning that statutory text, common-law history, and practical consequences support a non-geographical reading. Justice Kagan concurred, noting the decision narrows §602(a)(1) in conjunction with Quality King. Justice Ginsburg dissented, arguing Congress intended to protect copyright owners against unauthorized importation of foreign-made copies.