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Copyright Alert: Second Circuit Negates First Sale Right for Foreign-Made Works of Authorship

In a startling and potentially far-reaching decision, a divided panel of the Second Circuit held this week that the first sale doctrine of 17 U.S.C. § 109(a) does not apply to copies of works manufactured outside of the United States. John Wiley & Sons, Inc. v. Kirtsaeng, 2011 WL 3560003 (2nd Cir. Aug. 15, 2011) ("Wiley").