The Vanishing First Sale Doctrine: Second Circuit Joins Ninth In Holding First Sale Not Applicable To Copies Manufactured Outside U.S.

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In Wiley & Sons, Inc. v. Kirstaeng, the Sec­ond Cir­cuit has now (by a 2 to 1 major­ity deci­sion) joined the Ninth in hold­ing that the first sale doc­trine, rec­og­nized in Sec­tion 109 of the Copy­right Act, does not apply to copyright-protected works embod­ied in copies man­u­fac­tured out­side the United States. [Read more…]