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Even if it’s territorial, the court has indicated that key parts of US law are NOT geographically limited

Ashkenaz 13, Candidate for Doctor of Jurisprudence, University of Tennessee College of Law, May 2015; Tennessee Law Review, Second-Year Editor. (Mitchell, Fall, 2013, CASENOTE: INTELLECTUAL PROPERTY LAW - COPYRIGHT LAW - APPLICABILITY OF "FIRST SALE" DOCTRINE TO COPIES OF COPYRIGHTED WORKS LAWFULLY PRODUCED ABROAD: KIRTSAENG V. JOHN WILEY & SONS, INC., 133 S. CT. 1351 (2013)., 81 Tenn. L. Rev. 187, 190. Lexis accessed online via KU libraries)

Striking this crucial balance becomes increasingly complicated when American copyright holders do business with other countries as intellectual property law tends to be "territorial in nature." 20 The infringement suit in Kirtsaeng v. John Wiley & Sons, Inc. provided the Supreme Court a platform through which to clarify the applicability of certain American copyright laws in relation to foreign markets. The Court granted certiorari to determine whether the "first sale" doctrine applies to copyrighted works manufactured and purchased abroad and then resold in the United States without the copyright owner's permission. 21 In Kirtsaeng v. John Wiley & Sons, Inc., the Supreme Court held that the "first sale" doctrine was not intended to be geographically limited, and, as such, was applicable to copyrighted work regardless of place of production, so long as the work was originally produced in compliance with American copyright law. 22

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