Supreme Court of the United States

Kirtsaeng, Dba Bluechristine99 v. John Wiley & Sons, Inc.

March 19, 2013568 U.S. 519

Summary

The Supreme Court held that the first sale doctrine of § 109(a) applies to copies of copyrighted works lawfully made abroad. The Court reasoned that 'lawfully made under this title' means made in accordance with the Copyright Act, not manufactured in the United States, and a geographical interpretation would create practical harms for libraries and retailers. Justice Ginsburg, dissenting, would have affirmed based on a territorial reading of the statute.

Holding

  • Whether the first sale doctrine applies to copies lawfully made abroad.. The first sale doctrine applies to copies of a copyrighted work lawfully made abroad.

Docket 11-697

Cited authorities