Intellectual Property

Kirtsaeng v. John Wiley & Sons, Inc. — Study Notes

568 U.S. 519 (2013)

Study notes for Kirtsaeng v. John Wiley & Sons, Inc.: professor notes, cold call prep, exam angles, and memory aids.

The first-sale doctrine applies to copies of copyrighted works lawfully made abroad.
Professor Notes

In Kirtsaeng v. John Wiley & Sons, the Supreme Court addressed a significant question regarding the application of the first-sale doctrine to copies of copyrighted works made outside of the United States. The Court's analysis centered on the statutory interpretation of the Copyright Act and its implications for the global marketplace. Professors often emphasize the implications of the ruling on international copyright law and how the decision impacts the resale of goods and the rights of copyright holders versus the rights of consumers.

Furthermore, the case illustrates a broader trend towards recognizing the realities of an increasingly global economy, where the traditional views on copyright limitations and the first-sale doctrine must adapt. Professors may highlight the importance of this case for future discussions on intellectual property, particularly in how copyright law intersects with international trade and commerce.

Cold Call Prep
  1. 1Explain the first-sale doctrine and its relevance in this case.
  2. 2What was the significance of the Court’s interpretation of 'lawfully made' in the context of copyrighted works?
  3. 3Discuss how the ruling could impact publishers and authors in the U.S. market.
  4. 4What arguments did John Wiley & Sons present against Kirtsaeng's position?
  5. 5How does this case illustrate the principles of international copyright?
  6. 6Explain how this ruling might affect the resale market for other types of copyrighted goods.
  7. 7What concerns might arise from applying the first-sale doctrine to foreign-made goods?
Mnemonic Device

First-Sale = Global Tale (relating to the application of the first-sale doctrine to works made abroad).

Distinguish From
CaseDistinction
Quality King Distributors, Inc. v. L'anza Research International, Inc.Quality King involved domestic goods that were imported to the U.S. for resale, which did not test the boundaries of international application of the first-sale doctrine.
Capitol Records, LLC v. ReDigi Inc.Capitol Records focused on the resale of digital music files, whereas Kirtsaeng dealt with physical textbooks and the implications of international law.
Stevens v. Gladding, McBean & Co.Stevens involved the resale rights concerning trademark law, which is governed by different principles than copyright and first-sale rule.
Policy Arguments

For the Rule

The ruling supports free trade and consumer rights by allowing lawfully acquired foreign goods to be resold in the U.S., promoting competition and lowering prices for consumers.

Against the Rule

Opponents argue that this decision could undermine domestic copyright holders, making it difficult for publishers to control the pricing and distribution of their works.

Class Discussion Points
  • Consider the balance between protecting authors and enabling consumer rights.
  • Discuss how the ruling alters the concept of the first-sale doctrine in a globalized economy.
  • What implications does this have for the publishing industry?
  • How should copyright law evolve to address the challenges posed by international transactions?
  • What role does the digital marketplace play in the context of this ruling?
Exam Angle

This case is likely to come up on exams focusing on intellectual property, especially discussions related to copyright, the first-sale doctrine, and global trade implications. Expect questions that ask about the balancing of rights between copyright holders and consumers.

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