The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons

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A copyright case presently before the U.S. Supreme Court called Kirtsaeng v. John Wiley & Sons concerns whether the “first sale doctrine” – which provides that once a copyrighted product is sold it can be re-sold by the purchaser without infringing the copyright – applies to goods first purchased outside the U.S. The “first sale doctrine” is what allows used book stores and used CD stores to exist. With the growth of the global economy and cross-border transactions (and the Internet), this is a big issue that is being closely See more +
A copyright case presently before the U.S. Supreme Court called Kirtsaeng v. John Wiley & Sons concerns whether the “first sale doctrine” – which provides that once a copyrighted product is sold it can be re-sold by the purchaser without infringing the copyright – applies to goods first purchased outside the U.S. The “first sale doctrine” is what allows used book stores and used CD stores to exist. With the growth of the global economy and cross-border transactions (and the Internet), this is a big issue that is being closely watched by companies in the secondary markets, including online retailers and auctions, and copyright holders. See less -

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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