Reselling books made abroad
Kirtsaeng v. John Wiley & Sons
In brief
The Supreme Court ruled that the first-sale rule covers copyrighted copies made legally abroad, allowing them to be resold in the United States without the copyright owner’s permission.
- Where it stands
- Decided
Decided 6-3 · March 19, 2013 · Opinion by Justice Breyer
- What it’s about
- Kirtsaeng imported and resold in the United States textbooks made abroad; John Wiley & Sons argued he needed its permission.
- Who it affects
- People who own copyrighted copies made legally abroad can resell them in the United States without the copyright owner’s permission under the first-sale rule.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that the rule allowing resale of lawfully made copies (the “first sale” doctrine) covers copies made abroad, overturned the appeals court’s ruling, and sent the case back to that court (remanded).
Kirtsaeng imported and resold textbooks made abroad in the United States. John Wiley & Sons said he needed its permission.
The case asked how the Copyright Act’s rules on importing copyrighted copies and reselling lawfully made copies fit together.
Question presented
If a copy was made legally, acquired abroad and then imported into the United States, can that foreign-made copy ever be resold within the United States without the copyright owner's permission under Section 602(a)(1) and Section 109(a) of the copyright act?
What the Court decided
Holding
The “first sale” doctrine applies to copies of a copyrighted work lawfully made abroad. 654 F. 3d 210, reversed and remanded.
- Result
- Reversed
The vote
What's next
The appeals court will take up the case again under the Supreme Court’s ruling.
Documents
Opinions
Audio
Docket activity
New analysis added
AI analysis generated: Impact Analysis
AI analysis generated: Opinion Summary
New analysis added
AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
Case data updated: summary, question_presented, generation_metadata
Case data updated: question_presented, extraction_metadata
Audio Recording added: Oral Arguments - Kirtsaeng
Opinion added: Kirtsaeng
More questions
- What did Justice Kagan say separately?
- She agreed with the Court but said any problem from limiting the import ban came from an earlier Supreme Court decision, not from the Court’s reading of the first-sale rule here.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.