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Applying the First Sale Doctrine: John Wiley & Sons, Inc. v. Kirtsaeng

August 8, 2011

In August 2011, the Court of Appeals for the Second Circuit in John Wiley & Sons, Inc. v. Kirtsaeng held (2-1) that goods manufactured abroad and imported into the United States without authorization from the copyright owner cannot qualify for the First Sale Doctrine set forth in 17 U.S.C. § 109(a) of the Copyright Act. Andrew Berger, joined by two other panelists, discussed the public policy impact of the decision, examined the continuing reach of the First Sale Doctrine and explained the interaction of that doctrine with 17 U.S.C. §602(a)(1), which prohibits the importation of foreign made goods without the copyright holder's authorization.

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