Kirtsaeng v. John Wiley & Sons, Inc.
133 S. Ct. 1351
| SCOTUS | 2013Background
- Section 106(3) grants the copyright owner exclusive distribution rights, subject to limitations including §109(a) the first-sale doctrine.
- Section 109(a) provides that, after a lawfully made copy is sold, the owner may dispose of that copy without permission, thereby exhausting the distribution right.
- §602(a)(1) prohibits importation of copies acquired outside the United States without the copyright owner's authority, referencing §106(3).
- Quality King Distributors v. Danza Research Int’l held that §602(a)(1) incorporates the §109 first-sale doctrine, limiting importation when copies are lawfully made, but involved US-made copies destined for foreign distribution.
- The copies at issue were Wiley Asia foreign editions manufactured abroad with country-specific restrictions and language about not exporting to the U.S.,
- Kirtsaeng imported foreign-made Wiley textbooks into the United States and sold them, arguing the first-sale doctrine applies to copies lawfully made abroad; Wiley contended the doctrine does not apply to foreign-made copies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the first-sale doctrine apply to copies lawfully made abroad? | Kirtsaeng Argues first-sale covers copies lawfully made under this title abroad. | Wiley argues a geographical limit excludes foreign-made copies. | Yes; first-sale applies to copies lawfully made abroad. |
| What reading of 'lawfully made under this title' governs §109(a)? | Non-geographical reading supports applicability abroad. | Geographical reading limits doctrine to domestically made copies. | Non-geographical interpretation preferred. |
| Does §602(a)(1) permit importation despite §109(a) readings? | Quality King supports limiting §602(a)(1) by §109(a). | Geographical interpretation would preserve import-control harms. | §602(a)(1) remains harmonized with §109(a) under non-geographical reading. |
| Should legislative history override textual interpretation? | History supports geographic neutrality; earlier drafts suggest broader reach. | History inconsistent or inconclusive; supports Wiley’s view. | Text and history favor non-geographical reading. |
Key Cases Cited
- Bobbs-Merrill Co. v. Straus, 210 U.S. 339 (Supreme Court 1908) (first-sale exhaustion foundational to copyright)
- Quality King Distributors, Inc. v. L’anza Research Int’l, Inc., 523 U.S. 135 (U.S. 1998) (holds §602(a)(1) incorporates §109 first-sale doctrine)
- Columbia Broadcasting System, Inc. v. Scorpio Music Distributors, Inc., 569 F. Supp. 47 (E.D. Pa. 1983) (early interpretation in distributed works (cited by Court))
- Denbicare U. S. A., Inc. v. Toys ‘R’ Us, Inc., 84 F.3d 1143 (3d Cir. 1996) (geographical readings in circuit conflicts discussed)
- Omega S. A. v. Costco Wholesale Corp., 562 U.S. 40 (2010) (affirming scope of exhaustion interpretations (related to international exhaustion context))