EXTRATERRITORIAL APPLICATION OF FIRST SALE DOCTRINE AS DEFENSE TO COPYRIGHT INFRINGEMENT CLAIMS

摘要

The United States Supreme Court, agreeing to revisit an issue on which an eight-member Court had evenly split last term, has granted certiorari in Kirtsaeng v. John Wiley & Sons, Inc., 2012 WL 1252751 (U.S. 2012), a case in which a divided Second Circuit panel held that the first sale doctrine could not be invoked as a defense to copyright infringement claims relating to the importation of copies of copyrighted works, where the copies were manufactured abroad.