Costco Wholesale Corporation v. Omega, S.A. (2010)

Docket
08-1423
Decided
2010-01-01

Summary

Question: Under the first-sale doctrine of copyright law, someone who purchases a copyrighted work (like a book) can later sell the work to someone else without the permission of the copyright holder (the book's author). Does the "first-sale doctrine" apply to imported works manufactured abroad? Conclusion: The Court deadlocked 4-4, which means that the appeals court ruling against Costco stays in place, though the case sets no new high court precedent because it ended in a tie. The tie was possible because Justice Elena Kagan recused herself in the case.

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