Originally published April 16, 2012
Keywords: Copyright Act, first sale doctrine, application, goods, copyright owner
Today the Supreme Court granted certiorari in one case of interest to the business community:
Copyright Act—First Sale Doctrine's Application to Goods Produced Abroad
Under the Copyright Act's first sale doctrine, codified at 17 U.S.C. § 109(a), "the owner of a particular copy . . . lawfully made under this title" may sell or otherwise transfer ownership of that copy without the authorization of the copyright owner. In Quality King Distributors, Inc. v. L'anza Research International, Inc., 523 U.S. 135 (1998), the Supreme Court held that the first sale doctrine is applicable to imported copies. In Costco Wholesale Corp. v. Omega, S.A., 131 S. Ct. 565 (2010), the Court granted certiorari to decide whether the first sale doctrine applies to imported goods that are manufactured abroad, but the lower court's decision in that case was affirmed in a one-line order by an...
