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First Sale Doctrine Customs and Border Protection

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
Braumiller Law Group, PLLC

Braumiller Law Group & Braumiller Consulting Group February 2024 newsletter

Last June (2023), in response to a ruling request from Your Special Delivery Services Specialty Logistics (YSDS), Customs and Border Protection (CBP) issued HQ H324098, clarifying what it means to be an “owner or purchaser”...more

Braumiller Law Group, PLLC

Hot Topics in International Trade - February 2024 - What is the “First Sale” Rule and How Does it Affect Me?

Carol works in import compliance for Acme Corporation. Her customs broker advises her of a shipment from Kung Pao Industrial Company in China and asks for clearance instructions. Carol has never heard of Kung Pao Industrial...more

Braumiller Law Group, PLLC

[Webinar] What is a "First Sale" Transaction, and What Do You Do About it? - April 11th, 11:30 am - 12:30 pm CST

Join Braumiller Law Group Senior Counsel Bruce Leeds for the next few presentations in a monthly series regarding Hot Topics in International Trade Compliance...more

ArentFox Schiff

Meyer Decision: First Sale Remains a Savings Avenue for Importers

ArentFox Schiff on

First sale appraisement currently remains a legally viable duty savings avenue, including for transactions with vendors in NMEs. On March 1, 2021, Judge Thomas J. Aquilino, Jr. of the US Court of International Trade (CIT)...more

Jones Day

CIT Issues Important Decision on the Application of the "First Sale" Rule

Jones Day on

The U.S. Court of International Trade's ("CIT") decision calls into question the application of the "First Sale" rule to goods imported from China. The CIT in Meyer Corporation, U.S. vs. United States weighed in on the...more

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