SCOTUS on First Sale Doctrine

By Tracy Thompson posted 03-19-2013 12:18

In its opinion in Kirtsaeng v. John Wiley & Sons, Inc., a decision released today, the U.S. Supreme Court has determined that the first sale doctrine is not subject to any geographical limitations (Justice Ginsburg dissents). The Court's decision means that purchasers of works produced outside of the U.S., if the works are lawfully subject to U.S. Copyright protections, are entitled to invoke the first sale doctrine to justify their subsequent sale, lease or loan of those works. This is an important victory not just for consumers like Kirtsaeng, but for libraries and library users. The amicus brief filed by ALA was cited throughout the Court's analysis. Great work and thanks to all who worked toward this outcome!