The doctrine exhausts the distribution right for a particular lawfully made copy. Kirtsaeng held it applies to copies manufactured abroad, and the doctrine does not extend to reproduction or public performance rights.
Digital copies raise unresolved questions.
Alternative Names:
First Sale|Exhaustion (Copyright)
Why it Matters?
Kirtsaeng's international application eliminated the territorial resale restriction publishers relied on, permitting importation and resale of foreign editions purchased lawfully abroad. The doctrine does not reach digital transmission, since transferring a digital file creates a new copy implicating the reproduction right, which is why digital resale markets have not received the same protection. Licensing rather than selling avoids the doctrine entirely.
Frequently Confused with
Related terms
Frequently asked questions
What did Kirtsaeng establish?
Why does it not reach digital transfers?
