November 07, 2012
On October 29, 2012, the Supreme Court heard oral argument in Kirtsaeng v. John Wiley and Sons, Inc. This case concerns the “first-sale doctrine” in copyright law, which allows a buyer of copyrighted material to sell or otherwise dispose of the copy he or she purchased without the consent of the original owner. The question here is how the “first sale doctrine” should apply to materials that were made and legally acquired abroad, and then imported to the United States--because importation generally is not allowed except by authority of the owner of the copyright.
To discuss the case, we have Kristen Osenga, who is a Professor of Law at the University of Richmond School of Law.