Published on: 12/13/2010
After an Elena Kagen recusal and an equally divided vote, the Supreme Court issued its judgment in Costco v. Omega, affirming the Ninth Circuit’s ruling that the Copyright Act grants U.S. Copyright holders complete control over the resale, redistribution, and importation into the United States of any copyrighted works they manufacture abroad, even after the holder sells those works to others. The Ninth Circuit did not find the “first-sale doctrine” applicable.
This ruling will have broad implications on the growing industry of internet commerce led by powerhouses Amazon.com and eBay. Please consult the Case Summary and Commentary posted on this case for further background and check back for added analysis on this important case.
Read the Supreme Court’s Order here.