Reconsidering 1st-Sale Rule's Application To Gray Market

Law360, New York (May 8, 2012, 1:20 PM EDT) -- On April 16, 2012, the U.S. Supreme Court granted certiorari in the case John Wiley & Sons Inc. v. Kirtsaeng d/b/a Bluechristine99,[1] suggesting that the high court will decide a critical issue that it left unresolved a year ago due to a 4-4 split in Costco Wholesale Corp. v. Omega SA[2]: whether the first-sale doctrine in copyright law applies to copies manufactured outside of the United States, known as “gray market” goods.

The first-sale doctrine, codified in Section 109(a) of the Copyright Act (Section 109(a)), provides...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.