The Second Circuit therefore turned to the “structure of Title 17 as well as [this Court’s] opinion in Quality King.” Kirtsaeng Pet. App. 28a. The court noted that Section 602(a)(1) of the Copyright Act, which prohibits unauthorized importation of copyrighted works acquired abroad, is “obviously in- tended to give copyright holders some flexibility to divide or treat differently the international and do- mestic markets for the particular copyrighted item.” Id. at 24a-25a.
“If the first sale doctrine codified in [Section]
109(a) only applied to copyrighted copies manufac- tured domestically,” the Second Circuit explained, then copyright holders could still “control the cir- cumstances in which copies manufactured abroad could be legally imported into the United States.” Kirtsaeng Pet. App. 25a. By contrast, “the mandate of [Section] 602(a)(1)” would “have no force in the vast majority of cases if the first sale doctrine was interpreted to apply to every work manufactured abroad that was either made ‘subject to protection under Title 17,’ or ‘consistent with the requirements of Title 17 had Title 17 been applicable
The Second Circuit therefore turned to the “structure of Title 17 as well as [this Court’s] opinion in Quality King.” Kirtsaeng Pet. App. 28a. The court noted that Section 602(a)(1) of the Copyright Act, which prohibits unauthorized importation of copyrighted works acquired abroad, is “obviously in- tended to give copyright holders some flexibility to divide or treat differently the international and do- mestic markets for the particular copyrighted item.” Id. at 24a-25a.
“If the first sale doctrine codified in [Section]
109(a) only applied to copyrighted copies manufac- tured domestically,” the Second Circuit explained, then copyright holders could still “control the cir- cumstances in which copies manufactured abroad could be legally imported into the United States.” Kirtsaeng Pet. App. 25a. By contrast, “the mandate of [Section] 602(a)(1)” would “have no force in the vast majority of cases if the first sale doctrine was interpreted to apply to every work manufactured abroad that was either made ‘subject to protection under Title 17,’ or ‘consistent with the requirements of Title 17 had Title 17 been applicable
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