News & Analysis as of

John Wiley & Sons, Inc. v. Kirtsaeng - USCA, Second Circuit, May 27, 2015

Second Circuit affirms denial of defendant’s request for attorneys’ fees in copyright infringement dispute, finding plaintiff pursued objectively reasonable litigation position, having previously prevailed in both district...more

Supreme Court Clarifies the Parameters of the “First Sale” Doctrine in the Cross-Border Context

First Sale Doctrine - Under the Copyright Act, the exclusive right of a copyright owner “to distribute copies . . . of [a] copyrighted work,” 17 U.S.C. § 106(3) is limited, in part, by the “first sale” doctrine. The...more

International Reach Given to First Sale Doctrine in Kirtsaeng Deals a Blow to Copyright Owners

In a decision likely to have broad implications on international consumerism and alternative markets, the Supreme Court, in Kirtsaeng v. John Wiley & Sons, articulated the contours of the Copyright Act’s first sale doctrine...more

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