## Facts

- Supap Kirtsaeng, a Thai citizen studying in the United States, arranged for friends and family in Thailand to buy lower-priced, authorized English-language foreign editions of John Wiley & Sons textbooks.
- The textbooks were printed abroad by Wiley’s Asian subsidiary and purchased in Thailand from lawful retail channels.
- The foreign editions contained notices stating they were not to be brought into the United States without permission.
- Kirtsaeng imported the books into the United States and resold them, primarily online, for profit.
- Wiley sued, alleging infringement of its exclusive distribution right under 17 U.S.C. § 106(3) and violation of 17 U.S.C. § 602(a)(1)’s restriction on unauthorized importation.
- Kirtsaeng asserted the first-sale doctrine defense under 17 U.S.C. § 109(a).
- The district court instructed the jury that § 109(a) did not apply to copies manufactured abroad; the jury found willful infringement and awarded statutory damages.
- The Second Circuit affirmed, holding that “lawfully made under this title” in § 109(a) did not cover foreign-manufactured copies.

## Issues

1. Whether 17 U.S.C. § 109(a) applies to copies of copyrighted works lawfully made abroad with the copyright owner’s authorization.
2. Whether, after an authorized first sale abroad, 17 U.S.C. § 602(a)(1) permits a copyright owner to block importation and resale of that copy in the United States.

## Decision

- The Supreme Court reversed, holding 6–3 that § 109(a)’s first-sale doctrine applies to copies lawfully made abroad.
- The Court read “lawfully made under this title” to mean made in compliance with the Copyright Act (i.e., noninfringing and authorized), not limited by place of manufacture.
- Because Wiley’s authorized foreign editions were lawfully made, Kirtsaeng, as the owner of those particular copies, could import and resell them without Wiley’s permission.
- The Court reconciled § 109(a) and § 602(a)(1) by treating § 602(a)(1) as applying only when importation infringes a § 106 right; once first sale exhausts the § 106(3) distribution right for a particular copy, importation of that copy is not infringing.
- The case was remanded for further proceedings consistent with the Court’s interpretation.

## Legal Principles

- The first-sale doctrine in 17 U.S.C. § 109(a) is not geographically limited; it applies to a particular copy “lawfully made” with the copyright owner’s authorization, even if manufactured outside the United States.
- After a lawful first sale, the copyright owner’s § 106(3) distribution right is exhausted as to that particular copy, and the owner of the copy may resell or otherwise dispose of it without further permission.
- Section 602(a)(1) does not independently preserve control over importation when no § 106 right is being infringed; importation is actionable only to the extent it infringes an exclusive right under § 106.

## Conclusion

The Court held that authorized copies lawfully made and sold abroad may be imported into and resold in the United States under the first-sale doctrine, limiting copyright owners’ ability to use § 602(a)(1) to block secondary markets for genuine foreign-made goods.


Kirtsaeng v. John Wiley & Sons, Inc., 568 U.S. 519 (2013)