The Supreme Court's Latest Ruling on Copyright Law First-Sale Doctrine
The Supreme Court’s latest ruling on the Copyright Act could significantly impact the American copyright industry, and, in turn, have a significant impact on commerce in the United States.
Through this decision, related import control laws may no longer apply, and copyright holders may no longer be able to control downstream commerce and differentiate markets. In other words, within the United States, sales of used imported goods need not involve obtaining approval from the original copyright holder as long as those goods were transferred or sold legally. This may change with further examination of the law, but that may need to be addressed by Congress.
While the actions of the Court do not specifically apply to Patent Law, the ruling may signal a similar interpretation of laws in patent disputes involving the resale of readily movable goods.
To read the Court's decision in its entirety, please click here.
Pryor Cashman Partner Robert J. deBrauwere, co-chair of the firm's Digital Media Practice Group, and Intellectual Property Partner James R. Klaiber have authored a Legal Update discussing the Court's ruling.
To read the update, please click here.