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KIRTSAENG v. JOHN WILEY & SONS, INC.

Docket No.: 11-697
Certiorari Granted: Apr 16 2012
Argued: October 29, 2012
Decided: March 19, 2013

Topics:

Bankruptcy, Bankruptcy Code, IPO, Sherman Act, antitrust, copyright, property rights, rule of reason, stare decisis, trademark

PartyNames: Supap Kirtsaeng, dba Bluechristine99 v. John Wiley & Sons, Inc.
Petitioner: Supap Kirtsaeng, dba Bluechristine99
Respondent: John Wiley & Sons, Inc.

Court Below: United States Court of Appeals for the Second Circuit
Citation: 654 F.3d 210
Supreme Court Docket
Supreme Court Observer Blog Post for KIRTSAENG v. JOHN WILEY & SONS, INC.

Supap Kirtsaeng, dba Bluechristine99
v.
John Wiley & Sons, Inc.
Question Presented:

This case presents the issue that recently divided this Court, 4-4, in Costco Wholesale Corp. v. Omega, S.A., 131 S. Ct. 565 (2010). Under § 602(a)(1) of the Copyright Act, it is impermissible to import a work "without the authority of the owner" of the copyright. But the first-sale doctrine, codified at § 109(a), allows the owner of a copy "lawfully made under this title" to sell or otherwise dispose of the copy without the copyright owner's permission. The question presented is how these provisions apply to a copy that was made and legally acquired abroad and then imported into the United States. Can such a foreign-made product never be resold within the United States without the copyright owner's permission, as the Second Circuit held in this case? Can such a foreign-made product sometimes be resold within the United States without permission, but only after the owner approves an earlier sale in this country, as the Ninth Circuit held in Costco? Or can such a product always be resold without permission within the United States, so long as the copyright owner authorized the first sale abroad, as the Third Circuit has indicated?

KIRTSAENG v. JOHN WILEY & SONS, INC.
ORAL ARGUMENT

October 29, 2012

Listen to Oral Argument in KIRTSAENG v. JOHN WILEY & SONS, INC.
Holding: REVERSED AND REMANDED
Vote: 7-2
For more coverage on KIRTSAENG v. JOHN WILEY & SONS, INC. please see our blog posting.
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