Intellectual Property Litigation



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

12/6/2012 Video

  • A case before the U.S. Supreme Court called Kirtsaeng v. John Wiley & Sons will decide whether the "first sale doctrine" under copyright law applies to goods first purchased outside the U.S.
  • The "first sale doctrine" provides that once a copy of a copyrighted work is sold it can be re-sold by the purchaser without infringing the copyright.
  • The Second Circuit held in Kirtsaeng v. John Wiley & Sons that the “first sale doctrine” under copyright law only applies to goods manufactured within the U.S.
  • This case could have a big impact on companies involved in secondary markets such as online marketplaces, online auctions and even public libraries.
  • A decision is expected in early 2013.