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On March 19, in Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court, reversing the 2nd Circuit, resolving conflicting decisions from the federal appellate courts, and rejecting the solicitor general’s arguments, held that the “first sale” doctrine applies to lawful copies of a copyrighted work first sold abroad. Practically, this decision means that a buyer or other rightful owner of a copy of a copyrighted work lawfully first sold abroad may bring that copy into the U.S. and sell it without violating the copyright owner’s copyright rights.

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