Court shelves first-sale doctrine for foreign-made works

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Abstract: It’s well-settled law that the owner of a lawfully purchased copyrighted work is generally free to resell that copy of the work without restriction. But what if the work was made overseas? This article discusses a U.S. Court of Appeals ruling holding that foreign-made works can’t be so freely resold. This potentially far-reaching ruling could restrict resale of a wide range of products produced abroad. But the court acknowledged a tension between two different sections of the Copyright Act, which could ultimately lead to a review by the U.S. Supreme Court. Citations: John Wiley & Sons, Inc. v. Kirtsaeng, No. 09-4896, Aug. 15, 2011 (2nd Cir.); Omega S.A. v. Costco Wholesale, Nos. 07-55368, 07-56206, Sept. 3, 2008 (9th Cir.)