Supreme Court Finds "First Sale" Copyright Doctrine Applies to Copies Lawfully Made and First Sold Abroad

In its decision issued on March 19, 2013, Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736 (U.S. Mar. 19, 2013), the U.S. Supreme Court held that the well-established “first sale” doctrine of U.S. copyright law applies to copyrighted works made and first sold outside the United States. Prior to this decision, it was clear that the “first sale” doctrine applies to works that were made in the United States, but its application to copyrighted works made abroad was less certain. As a result of this decision, it is now established that, pursuant to U.S. copyright law, purchasers of copyrighted works that were lawfully made abroad, and first sold abroad, have the right to resell such works within the United States. The memorandum summarizes and discusses potential implications of this decision.