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IP News

By Howard J. Shire and Joseph Mercadante

Justices Hear Oral Arguments in First Sale Copyright Case

On Oct. 29 2012, the Supreme Court heard oral arguments in Supap Kirtsaeng dba Bluechristine99 v. John Wiley & Sons, Inc., No. 11-697. The question presented involves how ' 602(a)(1) of the Copyright Act, which prohibits the importation of a work without the authority of the copyright's owner, and ' 109(a) of the Copyright Act, which 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, apply to a copy that was made and legally acquired abroad and then imported into the United States.

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