Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate

Publishers frequently charge different prices in foreign markets, and they have argued that allowing unrestricted importation threatens that practice. In March, the Supreme Court squarely addressed this issue for the first time in <i>John Wiley &amp; Sons Inc. v. Kirtsaeng</i> and held that the first-sale doctrine does in fact apply to copies made overseas and, as a result, these copies could be purchased in foreign markets and legally resold in the United States.

9 minute read April 30, 2013 at 10:53 AM
By
Andrew Pequignot
Supreme Court's <i>Kirtsaeng</i> Decision Fuels 'First Sale' Debate

The right to resell lawfully purchased copies of copyrighted works has a long history in American copyright law.

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