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

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.