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Expert Analysis

How Kirtsaeng Will Impact The Market For Copyrighted Works

Law360, New York (March 29, 2013, 12:04 PM EDT) -- The United States Supreme Court recently issued Kirtsaeng v. John Wiley & Sons Inc.,[1] a ruling that strongly favors "gray market" resellers of copyrighted works. The court held that once a physical copy of a copyrighted work is made and sold outside the U.S. with the copyright owner's permission, the copy may be resold in the U.S. without infringing the owner's copyright. As a result, U.S. stores and e-merchants are free to purchase lower-priced used copyrighted works abroad, import them into the U.S. and resell them at prices that undercut the publisher's U.S. prices....

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