Abstract

http://ssrn.com/abstract=2102831
 
 

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Brief of 25 Intellectual Property Law Professors in Kirtsaeng v. John Wiley & Sons, No. 11-697


Aaron Perzanowski


Case Western Reserve University School of Law

Jason Schultz


New York University School of Law

Daryl Joseffer


King & Spalding

Paul Alessio Mezzina


King & Spalding

July 9, 2012

UC Berkeley Public Law Research Paper No. 2102831
Wayne State University Law School Research Paper No. 2012-09

Abstract:     
The first sale doctrine has long provided that legitimate owners of non-infringing copies of copyrighted works may use and sell their copies as they see fit — just as all property owners may generally use and alienate their property. In keeping with that rationale, the doctrine traditionally applied to all works made and sold by the copyright holder or its licensee, regardless of the place of the manufacture or the first sale of a particular copy. The Second Circuit’s contrary holding — that 17 U.S.C. § 109(a) categorically bars application of the first sale doctrine to foreign-made goods — runs contrary to the statutory context in which § 109(a) appears, the common-law backdrop against which Congress legislated, and analogous principles of patent law as well.

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Date posted: July 10, 2012 ; Last revised: September 10, 2012

Suggested Citation

Perzanowski, Aaron and Schultz, Jason and Joseffer, Daryl and Mezzina, Paul Alessio, Brief of 25 Intellectual Property Law Professors in Kirtsaeng v. John Wiley & Sons, No. 11-697 (July 9, 2012). UC Berkeley Public Law Research Paper No. 2102831; Wayne State University Law School Research Paper No. 2012-09. Available at SSRN: http://ssrn.com/abstract=2102831 or http://dx.doi.org/10.2139/ssrn.2102831

Contact Information

Aaron Perzanowski (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States

Jason Schultz
New York University School of Law ( email )
40 Washington Square South
New York, NY 10012-1099
United States
Daryl Joseffer
King & Spalding ( email )
United States
Paul Alessio Mezzina
King & Spalding ( email )
United States
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