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.
'Gray Market' Lawyer: Congress Won't Change Copyright Laws
The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons
SCOTUS Takes "Grey Market" Goods Resale Case
A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more
*News from the Bench:
- First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad.
- Dissenting Federal Circuit Judges Abide By The Akamai Standard.
- More On Joint Infringement and The Akamai...more
In this issue:
- The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names
- Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more
We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more
The Supreme Court ruled last week in Kirtsaeng v. Wiley, a case that centered on the tension between copyright law’s first sale doctrine, codified at 17 U.S.C. §109(a), and the importation restriction found in 17 U.S.C....more
In This Issue:
- Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013:
In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more
Following up on our previous blog post addressing Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court recently held, in a 6-3 decision, that the “first sale” doctrine applies to works produced and sold overseas. The...more
In a March 19, 2013 decision in Kirtsaeng v John Wiley & Sons, Inc., the Supreme Court turned aside copyright owners’ attempts to draw geographic limits around the application of the “first sale” doctrine, holding that the...more
The Supreme Court ruled in Kirtsaeng v. John Wiley & Sons, Inc. that copyright law does not prohibit the unauthorized importation and sale of copyrighted goods manufactured outside the United States. This decision, which...more
On March 19, the United States Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736, held that the "first sale" doctrine, as codified in the Copyright Act, applies to copyrighted works lawfully manufactured...more
In a 6-3 decision issued on March 19, 2013, the U.S. Supreme Court held that the first sale doctrine, which allows the owner of a “lawfully made” copy of a copyrighted work to freely sell it, also applies to the resale of...more
On March 19, 2013, the U.S. Supreme Court issued a decision clarifying the bounds of copyright owners' rights in the global marketplace. In Kirtsaeng, dba BlueChristine99 v. John Wiley & Sons, Inc.,1 the Court held that the...more
The U.S. Supreme Court has settled the long-open question of whether U.S. copyright holders can prevent the importation of gray market products in Tuesday's decision Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. _____, No....more
In a decision that may significantly impact international production and distribution practices for copyrighted works, the Supreme Court of the United States on Tuesday found that the Copyright Act’s first sale doctrine was...more
Resolving the long legal struggle over the scope of the Copyright Act's provision governing the right of copyright owners to control imports, the Supreme Court held on Tuesday that the first sale doctrine embodied in 17...more
As we noted late last year in Kirtsaeng v. John Wiley & Sons: How the Supreme Court Will Decide the Fate of eBay, Libraries, and Yard Sales, the Supreme Court is presently considering Kirtseng v. Wiley, a case that is...more
April 20 (Bloomberg Law) -- This week the U.S. Supreme Court agreed to consider whether discount retailers violate copyright laws by selling tens of billions of dollars in "grey market" products that were first bought...more
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