kirtsaeng dba john wiley sons argued october decided march exclusive rights copyright owner distribute copies copyrighted work qualified application several limitations set including first sale doctrine provides owner particular copy phonorecord lawfully made title entitled without authority copyright owner sell otherwise dispose possession copy phonorecord importing copy made abroad without copyright owner permission infringement see quality king distributors research held reference incorporates limitations including first sale doctrine however copy quality king initially manufactured sent abroad sold respondent john wiley sons academic textbook publisher often assigns wholly owned foreign subsidiary wiley asia rights publish print sell foreign editions wiley english language textbooks abroad wiley asia books state taken without permission petitioner kirtsaeng moved thailand study mathematics asked friends family buy foreign edition textbooks thai book shops sold low prices mail sold books reimbursed family friends kept profit wiley filed suit claiming kirtsaeng unauthorized importation resale books infringement wiley exclusive right distribute import prohibition kirtsaeng replied books lawfully made acquired legitimately first sale doctrine permitted importation resale without wiley permission district held kirtsaeng assert defense doctrine apply goods manufactured abroad jury found kirtsaeng willfully infringed wiley american copyrights assessed damages second circuit affirmed concluding lawfully made title language indicated first sale doctrine apply copies american copyrighted works manufactured abroad held first sale doctrine applies copies copyrighted work lawfully made abroad pp wiley reads lawfully made title impose geographical limitation prevents doctrine applying wiley asia books kirtsaeng however reads phrase imposing limitation made accordance compliance copyright act permit doctrine apply copies manufactured abroad copyright owner permission pp section language context first sale doctrine history favor kirtsaeng reading pp section says nothing geography logically mean accordance nongeographical interpretation provides word phrase lawfully made title distinct purpose lawfully made suggests effort distinguish copies made lawfully title sets forth standard lawful ness copyright act simple reading promotes traditional copyright objective combatting piracy makes linguistic sense contrast geographical interpretation bristles linguistic difficulties wiley first reads mean conformance copyright act copyright act applicable wiley argues act applicable however neither word lawfully made title means geographical limitation read word applicable fact act instantly protect american copyright holder unauthorized piracy taking place abroad mean act inapplicable copies made abroad indeed makes pirated copies subject copyright act says works subject protection include unpublished works without regard author nationality domicile works first published nearly nations signed copyright treaty pp historical contemporary statutory context indicate congress geography mind writing present version comparison language predecessor present provision supports conclusion former version referred owners copy mere possessors lawfully obtained copy present version covers owners lawfully made copy new language including five words issue makes clear lessee copy receive first sale protection one owns copy protected provided copy lawfully made nongeographical interpretation also supported provisions present statute example manufacturing clause limited importation many copies printed outside phased effort equalize treatment copies made america copies made abroad equal treatment principle difficult square geographical interpretation grant american copyright holder permanent control american distribution chain respect copies printed abroad printed america finally normally presumes words lawfully made title carry meaning appear different related sections unlikely congress intended consequences produced geographical interpretation pp nongeographical reading also supported canon statutory interpretation statute covers issue previously governed common law presumed congress intended retain substance common law samantar yousuf first sale doctrine impeccable historic pedigree makes geographical distinctions distinctions found straus first applied first sale doctrine predecessor provision congress enacted year later pp library associations dealers technology companies retailers museums point various ways geographical interpretation fail basic constitutional copyright objectives particular promot ing progress science useful arts art cl example geographical interpretation doctrine likely require libraries obtain permission circulating many books collections printed overseas wiley counters problems occurred years since federal first adopted geographical interpretation law settled long wiley favor second circuit case first appeals adopt purely geographical interpretation reliance first sale doctrine also deeply embedded practices booksellers libraries museums retailers long relied protection fact harm proved limited far may simply reflect reluctance copyright holders assert geographically based resale rights thus practical problems described petitioner amici serious extensive likely come dismissed insignificant particularly light importance foreign trade america pp several additional arguments wiley dissent make support geographical interpretation unpersuasive pp reversed remanded breyer delivered opinion roberts thomas alito sotomayor kagan joined kagan filed concurring opinion alito joined ginsburg filed dissenting opinion kennedy joined scalia joined except parts iii opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press supap kirtsaeng dba petitioner john wiley sons writ certiorari appeals second circuit march justice breyer delivered opinion section copyright act grants owner copyright title certain exclusive rights including right distribute copies copyrighted work public sale transfer ownership rights qualified however application various limitations set forth next several sections act sections typically entitled limitations exclusive rights include example principle fair use permission limited library archival reproduction doctrine issue first sale doctrine section sets forth first sale doctrine follows notwithstanding provisions section section grants owner exclusive distribution rights owner particular copy phonorecord lawfully made title entitled without authority copyright owner sell otherwise dispose possession copy phonorecord emphasis added thus even though forbids distribution copy say copyrighted novel herzog without copyright owner permission adds copy herzog lawfully sold ownership otherwise lawfully transferred buyer copy subsequent owners free dispose wish copyright jargon first sale exhausted copyright owner exclusive distribution right however copy herzog printed abroad initially sold copyright owner permission first sale doctrine still apply buyer like buyer domestically manufactured copy free bring copy dispose wishes put matter technically importation provision says mportation without authority owner copyright title copies work acquired outside infringement exclusive right distribute copies section supp emphasis added thus makes clear importing copy without permission violates owner exclusive distribution right refers explicitly exclusive distribution right said terms ubject various doctrines principles contained including first sale limitation modifications apply particular first sale modification apply considering whether prohibits importing copy quality king distributors research held reference exclusive distribution right incorporates later subsections limitations including particular first sale doctrine thus might seem notwithstanding one buys copy abroad freely import copy dispose bought copy quality king considered instance copy though purchased abroad initially manufactured sent abroad sold case like quality king one important fact copies issue manufactured abroad fact important says first sale doctrine applies particular copy phonorecord lawfully made title must decide whether five words lawfully made title make critical legal difference putting section numbers side ask whether first sale doctrine applies protect buyer lawful owner copy copyrighted work lawfully manufactured abroad buyer bring copy sell give away without obtaining permission copyright owner example someone purchases say used bookstore book printed abroad subsequently resell without copyright owner permission view answers questions yes hold first sale doctrine applies copies copyrighted work lawfully made abroad respondent john wiley sons publishes academic textbooks wiley obtains authors various foreign domestic copyright assignments licenses permissions point present purposes refer wiley relevant american copyright owner see wiley often assigns wholly owned foreign subsidiary john wiley sons asia pte rights publish print sell wiley english language textbooks abroad app pet cert copy wiley asia foreign edition likely contain language making clear copy sold particular country geographical region outside example copy wiley american edition says copyright john wiley sons rights reserved printed america walker fundamentals physics vi ed copy wiley asia asian edition book says copyright john wiley sons asia pte ltd rights reserved book authorized sale europe asia africa middle east may exported territories exportation importation book another region without publisher authorization illegal violation publisher rights publisher may take legal action enforce rights printed asia walker fundamentals physics vi ed wiley student foreign american copies say part publication may reproduced stored retrieval system transmitted form means except permitted sections copyright act compare ibid ed walker supra vi american upshot two essentially equivalent versions wiley textbook version manufactured sold wiley permission american version printed sold foreign version manufactured sold abroad wiley makes certain copies second version state taken without permission ibid petitioner supap kirtsaeng citizen thailand moved study mathematics cornell university ibid paid education help thai government scholarship required teach thailand years return brief petitioner kirtsaeng successfully completed undergraduate courses cornell successfully completed ph program mathematics university southern california promised returned thailand teach ibid studying kirtsaeng asked friends family thailand buy copies foreign edition textbooks thai book shops sold low prices mail kirtsaeng sell reimburse family friends keep profit app pet cert wiley brought federal lawsuit kirtsaeng copyright infringement wiley claimed kirtsaeng unauthorized importation books later resale books amounted infringement wiley exclusive right distribute well related import prohibition ed supp see also ed authorizing infringement action app kirtsaeng replied books acquired acquired legitimately record sdny doc thus view first sale doctrine permitted resell otherwise dispose books without copyright owner permission district held kirtsaeng assert first sale defense view doctrine apply goods even made abroad copyright owner permission app pet cert jury found kirtsaeng willfully infringed wiley american copyrights selling importing without authorization copies eight wiley copyrighted titles assessed statutory damages per work appeal split panel second circuit agreed district pointed first sale doctrine applies owner particular copy lawfully made title emphasis added majority view language means first sale doctrine apply copies american copyrighted works manufactured abroad dissenting judge thought words lawfully made title refer place manufacture rather focu whether particular copy manufactured lawfully america copyright statute lawfulness manufacture particular copy judged copyright law opinion murtha granted kirtsaeng petition certiorari consider question light different views among circuits compare case first sale doctrine apply copies manufactured outside omega costco wholesale first sale doctrine applies copies manufactured outside authorized first sale occurs within aff equally divided sebastian consumer contacts pty limitation first sale doctrine copies made within fit comfortably within scheme copyright act ii must decide whether words lawfully made title restrict scope first sale doctrine geographically second circuit ninth circuit wiley solicitor general amicus read words imposing form geographical limitation second circuit held limit first sale doctrine particular copies made territories copyright act law circuit says copies manufactured domestically outside emphasis added wiley agrees five words limit first sale doctrine copies made conformance copyright act copyright act applicable wiley says means apply copies made outside least foreign production copy distribution exclusively abroad brief respondent similarly solicitor general says five words limit first sale doctrine applicability copies subject compliance copyright act solicitor general says copies made brief amicus curiae hereinafter brief emphasis added ninth circuit held words limit first sale doctrine applicability copies lawfully made copies lawfully made outside initially sold copyright owner permission denbicare toys us geographical interpretations first sale doctrine apply wiley asia books issue despite american copyright owner permission make copies abroad one buys copy book copyrighted work whether retail store internet library sale resell otherwise dispose particular copy without permission kirtsaeng however reads words lawfully made title imposing limitation says mean made accordance compliance copyright act brief petitioner case first sale doctrine apply copyrighted works long manufacture met requirements american copyright law particular doctrine apply copies manufactured abroad permission copyright owner see referring owner right authorize view language context history first sale doctrine taken together favor interpretation also doubt congress intended create practical harms geographical interpretation threaten ordinary scholarly artistic commercial consumer activities see part infra consequently conclude kirtsaeng nongeographical reading better reading act language read literally favors kirtsaeng nongeographical interpretation namely lawfully made title means made accordance compliance copyright act language says nothing geography word mean accordance oxford english dictionary ed see also black law dictionary ed according nongeographical interpretation provides word phrase distinct purpose first two words phrase lawfully made suggest effort distinguish copies made lawfully last three words title set forth standard lawful ness thus nongeographical reading simple promotes traditional copyright objective combatting piracy makes linguistic sense geographical interpretation however bristles linguistic difficulties gives word lawfully little linguistic work book unlawfully made title imports geography statutory provision says nothing explicitly far complex may first appear read clause geographically wiley like second circuit solicitor general must first emphasize word indeed wiley reads title mean conformance copyright act copyright act applicable brief respondent wiley must take second step arguing act applicable ibid solicitor general must see brief copy made title title governs copy creation copy made compliance title requirements see also post ginsburg dissenting describes something governed regulated another one difficulty neither word phrase means see oxford english dictionary supra definition might mean subject see post repeatedly acknowledged word evades uniform consistent meaning see kucana holder chameleon ardestani ins many dictionary definitions must draw meaning context far serious difficulty arises uncertainty complexity surrounding second step effort read necessary geographical limitation word applicable equivalent precisely copyright act applicable act instantly protect american copyright holder unauthorized piracy taking place abroad fact mean act inapplicable copies made abroad matter ordinary english one say statute imposing say tariff upon rhododendron grown nepal applies nepalese rhododendrons similarly one say american copyright act applicable pirated copies including printed overseas indeed act makes clear solicitor general language pirated copies subject act supp referring importation copies making either constituted infringement copyright constituted infringement copyright title applicable brief see also post suggesting made may read subject appropriateness linguistic usage underscored fact act says works subject protection title include unpublished works without regard nationality domicile author works first published one nearly nations signed copyright treaty ed emphasis added supp defining treaty party copyright office circular international copyright relations thus ordinary english permits us say act applies irish manuscript lying author dublin desk drawer well original recording ballet performance first made japan display kyoto art gallery cf nimmer nimmer copyright pp hereinafter nimmer copyright noting principle copyright laws extraterritorial operation requires qualification ninth circuit geographical interpretation produces still greater linguistic difficulty said circuit interprets first sale doctrine cover copies manufactured copies manufactured abroad first sold american copyright owner permission denbicare see also brief respondent suggesting clause least excludes foreign production copy distribution exclusively abroad need decide whether copyright owner able restrict distribution case downstream domestic purchaser authorized imports brief petitioner costco wholesale omega excepting imported copies made unrelated foreign copyright holders emphasis deleted understand ninth circuit may thought necessary add second part definition shall later describe see part infra without qualification copyright holder prevent buyer domestically reselling even giving away copies video game made japan film made germany dress design copyright made china even copyright holder granted permission foreign manufacture importation initial domestic sale copy publisher wiley free print books abroad allow importation sale within prohibit students later selling used texts campus bookstore see way however reconcile interpretation language phrase lawfully made title matter english seem five words either cover copies lawfully made abroad sum believe geographical interpretations create linguistic problems resolve considerations simplicity coherence tip purely linguistic balance kirtsaeng nongeographical favor historical contemporary statutory context indicate congress writing present version geography mind respect history compare present language language immediate predecessor predecessor said othing act shall deemed forbid prevent restrict transfer copy copyrighted work possession lawfully obtained copyright act stat emphasis added see also copyright act stat predecessor says nothing geography wiley argue ask whether congress changing language implicitly introduced geographical limitation previously lacking see also part infra discussing codification principle comparison language indicates predecessor says first sale doctrine protects transfer copy possession lawfully obtained present version says owner particular copy phonorecord lawfully made title entitled sell otherwise dispose possession copy phonorecord change language accomplish language former version referred owners copy mere possessors lawfully obtained copy present version covers owners lawfully made copy change leave might lawfully obtained copy copyrighted work owned copy one answer owners movie theaters often leased films movie distributors filmmakers see donahue american film distribution describing agreements note relationship motion picture distribution exhibition analysis effects bidding legislation theater owners lawfully obtained copies earlier version read allowing sell copy might given first sale protection theater owners lessees owners copies change language makes clear like bailees lessees take advantage first sale doctrine find legislative history useful find confirmation house committee judiciary copyright law revision supplementary report register copyrights general revision copyright law revision bill pt comm print hereinafter copyright law revision person rented print motion picture copyright owner right lend rent sell otherwise dispose print without first obtaining copyright owner permission see also platt munk republic graphics friendly pointing predecessor statute leasing problem objective perfectly well explains new language present version including five words issue section makes clear lessee copy receive first sale protection one owns copy receive first sale protection provided course copy lawfully made pirated new language also takes account copy may lawfully made title copy say phonorecord comes owner possession use compulsory license title provides elsewhere namely find legislative history useful relevant legislative report makes clear example resale illegally phonorecord infringement disposition phonorecord legally made compulsory licensing provisions section provisions present statute also support nongeographical interpretation one thing statute phases manufacturing clause clause appeared earlier statutes limited importation many copies copyrighted works printed outside stat prior july importation public distribution copies work consisting preponderantly nondramatic literary material prohibited unless portions consisting material manufactured canada phasing clause sought equalize treatment copies manufactured america copies manufactured abroad see equal treatment principle however difficult square geographical interpretation first sale clause grant holder american copyright perhaps foreign national see supra permanent control american distribution chain sales resales gifts distribution respect copies printed abroad respect copies printed america particularly difficult believe congress sought unequal treatment saying nothing related clause manufacturing seeking opposite kind policy goal cf golan holder slip congress moved copyright regime prior entirely excluded foreign works copyright protection regime ensure works whether foreign domestic governed legal regime emphasis added finally normally presume words lawfully made title carry meaning appear different related sections department revenue acf industries produces surprising consequences consider section says despite copyright owner exclusive right display copyrighted work provided owner particular copy lawfully made title may publicly display without authorization interpret words geographically mean one buys copyrighted work art poster even bumper sticker canada europe asia display america without copyright owner authorization section specifically provides owner particular copy copyrighted video arcade game lawfully made title may publicly perform display game equipment without authorization copyright owner interpret words geographically means arcade owner without authority copyright owner perform display arcade games whether new used originally made japan cf red park taito section says teacher without copyright owner authorization allowed perform display copyrighted work say audiovisual work course teaching activities unless teacher knowingly used copy lawfully made title interpret words geographically mean teacher without authorization use copy film class copy lawfully made canada mexico europe africa asia introductory sentence provides act basic exclusive rights owner copyright title last three words support geographic interpretation wiley basically accepts first three readings argues congress intended restrictive consequences argues context simply requires words fourth example receive different interpretation leaving fourth example side shall explain part infra find unlikely congress intended related consequences relevant canon statutory interpretation favors nongeographical reading hen statute covers issue previously governed common law must presume congress intended retain substance common law samantar yousuf slip see also isbrandtsen johnson statutes invade common law read presumption favoring retention familiar principles except statutory purpose contrary evident first sale doctrine doctrine impeccable historic pedigree early century lord coke explained common law refusal permit restraints alienation chattels referring littleton wrote century gray two contributions coke studies chi rev lord coke wrote man possessed horse chattell give sell whole interest therein upon condition donee vendee shall alien ate condition voi whole interest hath possibilit reverter trade traffi bargaining contracting betwee man man within reason author ouster power given coke institutes laws england law permits copyright holder control resale disposition chattel sold similarly trade traffi bargaining contracting ibid last words coke emphasizes importance leaving buyers goods free compete reselling otherwise disposing goods american law generally thought competition including freedom resell work advantage consumer see leegin creative leather products psks restraints manifestly anticompetitive effects per se illegal others subject rule reason internal quotation marks omitted areeda hovenkamp antitrust law ed principal objective antitrust policy maximize consumer welfare encouraging firms behave competitively first sale doctrine also frees courts administrative burden trying enforce restrictions upon readily movable goods avoids selective enforcement inherent effort thus surprising least century first sale doctrine played important role american copyright law see straus copyright act stat see also copyright law revision discussions comments preliminary draft revised copyright law pt comm print irwin karp authors league america expressing concern basic concept copyright law sold copy legally ca restrict resale doctrine makes geographical distinctions find first applied first sale doctrine predecessor provision congress enacted year later see supra rather solicitor general acknowledges straightforward application preclude first sale defense applying authorized copies made overseas brief find language context purpose history rebut straightforward application doctrine dissent argues another principle statutory interpretation works reading points elsewhere statute congress used different words express something like reading adopt post quoting prohibiting importation copies making either constituted infringement copyright constituted infringement copyright title applicable emphasis deleted hence congress dissent believes must meant different language mean something different dissent geographical interpretation aware however canon interpretation forbids interpreting different words used different parts statute mean roughly thing regardless canon dissent interpretation also violate congress elsewhere act included words manufactured canada stat express geographical thought dissent reads different language associations libraries dealers technology companies retailers museums point various ways geographical interpretation fail basic constitutional copyright objectives particular promot ing progress science useful arts art cl american library association tells us library collections contain least million books published abroad presumably many first published one nearly nations enjoy american copyright protection see supra many others first published printed abroad lower costs geographical interpretation likely require libraries obtain permission least create significant uncertainty circulating otherwise distributing books brief american library association et al amici curiae cf discussing limitations potential defenses including fair use archival exceptions see also library book trade almanac bogart ed significant amount book printing moved foreign nations american library association asks libraries obtain permission distribute millions books find say copyright owner foreign book perhaps written decades ago may know copyright holder present address brief american library association many books lack indication place manufacture practical way learn book printed even addresses found costs finding contacting owners negotiating may high indeed libraries stop circulating distributing displaying millions books collections printed abroad dealers tell us time benjamin franklin thomas jefferson built commercial personal libraries foreign books american readers bought used books published printed abroad brief powell books et al amici curiae citing stern antiquarian bookselling dealers say operat ed centuries assumption first sale doctrine applies brief powell books geographical interpretation contemporary tourist buys say shakespeare paris dozen copies foreign book american friends might find violated copyright law dealers easily predict foreign copyright holder may think reader effort sell used copy novel believe geographical interpretation injure large portion business technology companies tell us automobiles microwaves calculators mobile phones tablets personal computers contain copyrightable software programs packaging brief public knowledge et al amici curiae see also brief association service computer dealers international et al amici curiae many items made abroad american copyright holder permission sold imported permission brief retail litigation center et al amici curiae geographical interpretation prevent resale say car without permission holder copyright piece copyrighted automobile software yet reason believe foreign auto manufacturers regularly obtain kind permission software component suppliers wiley indicate contrary asked see tr oral arg without permission foreign car owner sell used car retailers tell us trillion worth foreign goods imported brief retail litigation center american retailers buy many goods first sale abroad many items bear carry contain copyrighted packaging logos labels product inserts instructions use everyday packaged goods floor cleaners health beauty products breakfast cereals retailers add american sales traditional copyrighted works books recorded music motion pictures magazines likely amount billion see also electronic game industry billion geographical interpretation subject many disruptive impact threat infringement suits art museum directors ask us consider efforts display works say cy twombly rené magritte henri matisse pablo picasso others see supra describing often makes works subject american copyright protection geographical interpretation say require museums obtain permission copyright owners display work see supra even copyright owner already sold donated work foreign museum brief association art museum directors et al amici curiae museums ask artist retained copyright artist found group heirs arguing owns copyright examples others previously mentioned help explain lord coke considered first sale doctrine necessary protect trade traffi bargaining contracting help explain american copyright law long applied doctrine cf supra neither wiley many amici deny geographical interpretation bring horribles least principle rather wiley essentially says list artificially invented brief respondent points federal first adopted geographical interpretation years ago cbs scorpio music distributors supp ed summarily aff table yet adds problems occurred says wiley problems threats purely theoretical unlikely reflect reality see also post less sanguine one thing law settled long wiley favor second circuit decision first appeals adopt purely geographical interpretation third circuit favored nongeographical interpretation sebastian ninth circuit favored modified geographical interpretation nongeographical textually unsustainable corollary designed diminish problem denbicare see supra courts hesitated adopt cast doubt upon validity geographical interpretation pearson liu supp sdny franklin park taito wl ed rev grounds another thing reliance upon first sale doctrine deeply embedded practices booksellers libraries museums retailers long relied upon protection museums example habit asking foreign counterparts check heirs copyright owners sending picasso tour brief association art museum directors inertia means dramatic change likely necessary institutions instructed counsel begin engage complex process geographical interpretation demand adoption geographical interpretation provide dramatic change intolerable consequences along absurd result copyright owner exercise downstream control even authorized import first sale understandably led ninth circuit solicitor general amicus dissent adopt textual readings statute attempt mitigate harms brief post readings defensible require many unprecedented jumps linguistic hurdles view insurmountable see post acknowledging reading significantly curtails independent effect finally fact harm proved limited far may simply reflect reluctance copyright holders far assert geographically based resale rights may decide differently law clarified favor regardless copyright law work practice unenforced sound copyright law law create uncertainty bring selective enforcement widely unenforced breed disrespect copyright law thus believe practical problems petitioner amici described serious extensive likely come us dismiss insignificant particularly light importance foreign trade america see world bank imports goods services gdp imports gross domestic product compared online http visited mar available clerk case file upshot consequences along language context interpretive canons argue strongly geographical interpretation iii wiley dissent make several additional important arguments favor geographical interpretation first say quality king decision strongly supports geographical interpretation case asked whether act importation provision barred importation without permission copyrighted item labels affixed hair care products american copyright owner authorized first sale export hair care products copyrighted labels made buyer sought import back without copyright owner permission held importation provision prohibit sending products back without copyright owner permission section says importation without authority owner copyright title copies phonorecords work acquired outside infringement exclusive right distribute copies section supp emphasis added see also pointed section makes importation infringement exclusive right distribute noted first sale doctrine limits scope exclusive distribution right took given fact products issue least sold held consequently importation copyrighted labels violate reaching conclusion endorsed statement copyright laws intended create right permit holder copyright fasten notice book restriction upon subsequent alienation copyright owner parted title one acquired full dominion also explained rejected claim interpretation make pointless advancing claim pointed copyright act amendments retained prior provision prohibiting importation pirated copies quality king supra thus said must prohibit importation lawfully made copies allow importation lawfully made copies first sale quality king holding leave without much prohibit become superfluous without real work believe argument strong one quality king interpretation still forbid importing without permission subject exceptions copies lawfully made abroad example foreign publisher operating licensee american publisher prints copies book overseas prior authorized sale seeks send foreign printer manufacturer owner purposes authorized sale sought send copyrighted goods book publisher transports copies wholesaler wholesaler yet owner sends see copyright law revision pt giving example foreign film distributor leased films distribution licensee consignee bailee sought send see nimmer copyright section provides distribution right may exercised solely respect initial disposition copies work prevent restrict resale transfer possession copies examples show retains significance concede less significance dissent believes appropriate dissent also adopts construction significantly curtails effect post limits scope provision similar even greater degree quality king rejected superfluous argument similar reasons rejecting said author gives exclusive american distribution rights american publisher exclusive british distribution rights british publisher presumably copies made publisher edition made title within meaning emphasis added wiley argues phrase quality king opinion means books published abroad license must fall outside words lawfully made title consequently already given words geographical interpretation favors however give quality king statement legal weight wiley argues language lawfully made title issue quality king point us fully argued canvas considerations set forth said nothing suggest example assumes first sale hedged statement word presumably importantly statement pure dictum dictum contained rebuttal counterargument unnecessary dictum even respect written dicta calling tomato vegetable bound deny fruit forever contrary written necessarily bound dicta complete argument demonstrate dicta correct central community college katz bound follow dicta prior case point issue fully debated humphrey executor rejecting stare decisis dicta may followed sufficiently persuasive controlling given bit part quality king statement played quality king decision believe view stare decisis set forth opinions applies matter us second wiley dissent argue consider legislative history act legislative history supports interpretation historical events points took place decade enactment act best inconclusive representatives book record film industries meeting register copyrights discuss copyright revision complained difficulty dividing international markets copyright law revision discussion comments report register copyrights general revision copyright law pt comm print english editions particular books fin way country works publi shed country copyright protection sort put free stream commerce shipped ibid similar concern respect films copyrights abraham kaminstein found examples troubl ing ibid copyright office released draft provision said deals matter importation distribution foreign copies made proper authority sold sold contravention rights copyright owner holds exclusive right sell copies pt draft version without reference simply forbids unauthorized imports said importation copies records work purpose distribution public shall articles imported without authority owner exclusive right distribute copies records title constitute infringement copyright actionable section preliminary draft revised copyright law discussions comments pt pp comm print discussing draft present expressed concern effect first sale doctrine example irwin karp representing authors league america asked german jobber lawfully buys copies german publisher running problem restricting transfer lawfully obtained copies pt copyright office representative replied vary one situation another guess guess example book publisher transports sell copies wholesaler nonowner yet kind transaction exhausts right control disposition ibid emphasis added office later withdrew draft replacing draft explicitly referring similar provision became law office noted report new draft importation copy without permission violate exclusive rights copyright owner copyright owner authorized making copies foreign country distribution country pt still part report says nothing first sale doctrine five words lawfully made title neither report accompanying draft answers question us cf quality king without five words import clause via reference imports first sale doctrine ascertain best reading rather dissecting remarks industry representatives concerning congressional meetings held years statute enacted see post give greater weight congressional report accompanying written decade later congress passed new law report says section restates confirms principle copyright owner transferred ownership particular copy phonorecord work person copy phonorecord transferred entitled dispose sale rental means principle established decisions present law copyright owner exclusive right public distribution effect upon anyone owns particular copy phonorecord lawfully made title wishes transfer someone else destroy come within scope section copy phonorecord must made title though necessarily copyright owner authorization example resale illegally phonorecord infringement disposition phonorecord legally made compulsory licensing provisions section emphasis added accord pp history reiterates importance first sale doctrine see copyright law revision revision bill discussions comments pt comm print ull ownership copy authorizes owner dispose freely explains explained nongeographical purposes words lawfully made title part supra says nothing geography importantly predecessor provision see supra means contrary dissent suggestion lack legislative history pertaining first sale doctrine tends bolster position congress revision intend create drastic geographical change revision provision see post consequently believe legislative history balance supports nongeographical interpretation third wiley dissent claim nongeographical interpretation make difficult perhaps impossible publishers copyright holders divide foreign domestic markets concede publisher may find difficult charge different prices book different geographic markets see facts help wiley find basic principle copyright law suggests publishers especially entitled rights constitution describes nature american copyright law providing congress power secur uthors limited imes exclusive ight ritings art cl founders discussed need grant author limited right exclude competition compare letter thomas jefferson james madison july papers thomas jefferson boyd ed arguing monopoly letter james madison thomas jefferson boyd ed arguing limited monopoly secure production constitution language nowhere suggests limited exclusive right include right divide markets concomitant right charge different purchasers different prices book say increase maximize gain neither knowledge founder make suggestion found precedent suggesting legal preference interpretations copyright statutes provide market divisions cf copyright law revision pt statement barbara ringer copyright office division territorial markets primarily matter private contract contrary congress enacted copyright law first sale doctrine limits copyright holders ability divide domestic markets limitation consistent antitrust laws ordinarily forbid market divisions cf palmer brg per curiam greements competitors allocate territories minimize competition illegal whether copyright owners ordinary commercial power divide international markets matter congress decide try determine decision congress taken fourth dissent wiley contend decision launches copyright law unprecedented regime international exhaustion post brief respondent point nothing indicative congressional intent dissent also claims clear opposes adopting regime solicitor general amicus taken position case fact pressed oral argument solicitor general stated consequences wiley reading statute perpetual downstream control worse kirtsaeng reading restriction market segmentation tr oral arg dissent reliance solicitor general position quality king undermined agreement case reading brief amicus curiae quality king congress wishes make location manufacture relevant copyright act protection expressly ibid calling distinctly unlikely congress provided incentive overseas manufacturing moreover exhaustion regime dissent apparently favors provide sale one country good exhaus owner right control distribution good elsewhere post holding quality king defense courts even first sale occurred abroad already significantly eroded principle iv reasons conclude considerations supporting kirtsaeng nongeographical interpretation words lawfully made title persuasive judgment appeals reversed case remanded proceedings consistent opinion ordered kagan concurring supap kirtsaeng dba petitioner john wiley sons writ certiorari appeals second circuit march justice kagan justice alito joins concurring concur fully opinion neither text history supports removing protection every copy protected work manufactured abroad see ante recognize however combination today decision quality king distributors research constricts scope ban unauthorized importation write suggest problems associated limitation come reading ity king holding limits explains doctrine played integral part american copyright law century see ante straus codification doctrine prior even arguably limited application copies made see ante nothing text history copyright act provision suggests congress meant enact new geographical restriction john wiley proposes deprive american consumers important rights encourage copyright holders manufacture abroad see ante said john wiley right decision combined quality king substantially narrows ban unauthorized importation quality king held importation ban reach copies receiving protection see notwithstanding owner particular copy lawfully made title import copy without copyright owner permission holding copies lawfully made title include copies manufactured abroad unavoidably diminish scope indeed limit fairly esoteric set applications see ante congress views shrinking problem recognize quality king decision today culprit merely construe quality king decision holding limits come opposite way case allow copyright owner restrict importation copies irrespective result enable copyright owner divide international markets way john wiley claims congress intended enacting without imposing downstream liability purchase resell copies happen manufactured abroad words outcome target unauthorized importers alone libraries dealers technology companies retailers museums today rightly concerned ante assuming congress adopted permit market segmentation suspect congress thought provision work removing protection every copy manufactured abroad john wiley urges us enabling copyright holder control imports even doctrine applies quality king prevents bottom john wiley together dissent asks us misconstrue order restore purportedly rightful function enabling copyright holders segment international markets think john wiley may point designed gives pause quality king holding doctrine limits importation ban scope today correctly declines invitation save quality king destroying protection gives every owner copy manufactured abroad swap one possible mistake much worse one make reading statute less reflective congressional intent congress thinks copyright owners need greater power restrict importation thus divide markets ready solution hand one john wiley offers case one rejected quality king ginsburg dissenting supap kirtsaeng dba petitioner john wiley sons writ certiorari appeals second circuit march justice ginsburg justice kennedy joins justice scalia joins except parts iii dissenting interpretation statutes function courts easily stated construe language give effect intent congress american trucking instead adhering legislature design today adopts interpretation copyright act odds congress aim protect copyright owners unauthorized importation copies copyrighted works bold departure congress design stunning places vanguard movement international exhaustion copyrights movement steadfastly resisted world stage justify holding shrinks insignificance copyright protection unauthorized importation copies identifies several practical problems ante parade horribles however largely imaginary congress objective enacting importation prohibition honored without generating absurd consequences hypothesized opinion dissent embrace international exhaustion affirm sound judgment appeals economic conditions demand particular goods vary across globe copyright owners financial incentive charge different prices copies works different geographic regions ability engage price discrimination however undermined arbitrageurs permitted import copies regions sell regions question case whether unauthorized importation copies constitutes copyright infringement law answer question one must examine three provisions title code section sets forth exclusive rights copyright owner including right distribute copies phonorecords copyrighted work public sale transfer ownership rental lease lending distribution right limited provides notwithstanding provisions section owner particular copy phonorecord lawfully made title entitled without authority copyright owner sell otherwise dispose possession copy phonorecord section codifies first sale doctrine doctrine articulated straus held copyright owner control price retailers sold lawfully purchased copies work first sale doctrine recognizes copyright owner permitted exercise perpetual control distribution copies copyrighted work point ordinarily time first commercial sale copyright owner exclusive right control distribution particular copy exhausted point forward copy resold otherwise redistributed without copyright owner authorization section supp last critical three copyright provisions bearing case importation ban reads importation without authority owner copyright title copies phonorecords work acquired outside infringement exclusive right distribute copies phonorecords section actionable section quality king distributors research held copyright owner right control importation component distribution right set forth therefore subject codification first sale doctrine quality king thus held importation copies made sold abroad rank copyright infringement see also ginsburg concurring quality king involve trip journey travel copies question places abroad back important holding copies issue quality king made title prerequisite application quoting section noted apply copies made copyright act instead law country drawing example discussed public meeting proposed revisions copyright stated author work gave exclusive distribution rights enforceable act publisher edition exclusive british distribution rights publisher british edition presumably copies made publisher edition made title within meaning first sale doctrine provide publisher british edition decided sell american market defense action matter action distribution copies district appeals concluded see app pet cert application quality king analysis facts case preclude invocation petitioner supap kirtsaeng imported sold profit copies copyrighted textbooks printed outside asian subsidiary respondent john wiley sons wiley app see also ante opinion words used quality king copies made copyright act instead law country section therefore apply kirtsaeng unauthorized importation constitutes copyright infringement deny language quoted quality king wiley prevail ante nevertheless dismisses language members quality king subscribed dictum ante agree discussion dictum sense essential judgment see quality king ginsburg concurring today resolve cases allegedly infringing imports manufactured disagree conclusion dictum ill considered instead reasons explained hold consistently quality king dictum authorizes copyright owner bar importation copy manufactured abroad sale abroad ii text copyright act demonstrates congress intended provide copyright owners potent remedy importation copies copyrighted works recognizes ante case turns meaning phrase lawfully made title view phrase sensibly read referring instances copy creation governed conducted compliance title code reading consistent interpretation similar language statutes see florida dept revenue piccadilly cafeterias bankruptcy code provision exempting certain asset transfers stamp taxes means pursuant ardestani ins phrase section equal access justice act means subject governed internal quotation marks omitted also accords dictionary definitions word see american heritage dictionary ed means among things ubject authority rule control section properly read affords kirtsaeng defense wiley claim copyright infringement copyright act observed time apply extraterritorially see dictionary merriam copyright statute requiring copyright notices placed copies work apply copies published abroad copyright laws force beyond borders nimmer nimmer copyright hereinafter nimmer opyright laws extraterritorial operation patry copyright hereinafter patry copyright laws rigorously printing wiley textbooks therefore governed title textbooks thus lawfully made title crucial precondition application apply dispute kirtsaeng conduct constituted copyright infringement point departure similar mine according phrase made title means made accordance compliance copyright act ante overlooks according dictionaries cites ante word commonly signals relationship subjection one thing governed regulated another see black law dictionary ed frequently means inferior subordinate internal quotation marks omitted oxford english dictionary ed means among things accordance regulative power principle emphasis added see also webster third new international dictionary means among things condition subjection regulation subordination suffering restriction restraint control disregarding established meaning arrive conclusion wiley textbooks lawfully made copyright law even though law govern creation anomalous however speak particular conduct lawful inapplicable law example one might say driving right side road england lawful law law nothing say subject governing law english law english law demands driving done left side logical implication definition word copy manufactured abroad even piratical one made without copyright owner authorization violation law country created fall within scope copy made accordance compliance copyright act sense manufacturing copy violate act act apply extraterritorially rightly refuses accept absurd conclusion instead interprets applying copies whose making actually complied title complied title title applicable copies made see ante sale doctrine apply copyrighted works long manufacture met requirements american copyright congress however used express language called counterfactual inquiry see importation exportation without authority owner copyright title copies phonorecords making either constituted infringement copyright constituted infringement copyright title applicable infringement exclusive right distribute copies phonorecords section emphasis added case making copies phonorecords constituted infringement copyright title applicable importation prohibited emphasis added congress intended courts engage similarly hypothetical inquiry congress presumably included similar language section see russello congress includes particular language one section statute omits another section act generally presumed congress acts intentionally purposely disparate inclusion exclusion quoting wong kim bo per curiam brackets original adopt unnatural construction phrase lawfully made title concomitantly reduces insignificance appears acknowledge see ante independent effect today decision prohibit unauthorized importations carried persons merely possession imported copies see applies owner particular copy phonorecord lawfully made title emphasis added enough avoid rendering entirely superfluous ante hardly suffices give owner importation right scope congress intended congress used broad language achieve broad objective congress intended simply provide copyright remedy larcenous lessees licensees consignees bailees films goods see ante likely used language tailored narrow purpose see nimmer may wondered whether potential causes action licensees like see also ante kagan concurring decision limits fairly esoteric set applications decision also overwhelms exceptions importation prohibition goldstein copyright ed hereinafter goldstein exceptions permit importation copies without copyright owner authorization certain governmental personal scholarly educational religious purposes copies imported exceptions often lawfully made gray market goods purchased normal market channels abroad goldstein holds copies event imported virtue work already done example congress conceived sweep earthly reason provide congress library may import five copies work lending archival purposes far plausible reading congress intended apply copies made copies manufactured sold abroad reading first sale importation provisions leaves exceptions real meaningful work see trw andrews cardinal principle statutory construction statute upon whole construed prevented clause sentence word shall superfluous void insignificant internal quotation marks omitted range circumstances covered exceptions frees individuals entities purchase copies abroad requirement otherwise face obtaining copyright owner permission import copies iii history reinforces conclusion draw text relevant provisions apply copies manufactured abroad section enacted part copyright act stat act product lengthy revision effort overseen copyright office see mills music snyder initial report recommended revisions copyright office noted publishers suggested import ban piratical copies extended bar importation foreign edition violation agreements divide international markets copyrighted works copyright law revision report register copyrights general revision copyright law judiciary comm print hereinafter copyright law revision see copyright act stat importation piratical copies work copyrighted copyright office originally recommended extension importation ban reasoning enforcement territorial restrictions best left contract law copyright law revision representatives argued strenuously position initially taken copyright office panel discussion copyright office report example horace manges american book publishers council stated book publisher enters contract british publisher acquire exclusive rights particular book often finds english edition particular book finds way country right say lawsuit breach contract expensive burdensome part ineffective copyright law revision part discussion comments report register copyrights general revision copyright law judiciary comm print sidney diamond representing london records elaborated manges statement many situations explained necessarily question inadequacy contract remedy sense may difficult quick enough solve particular problem frequently diamond stated publishers run situation copies work produced foreign country may shipped without violating contract copyright proprietor ibid illustrate diamond noted british publisher sells copy individual turn ship individual conduct violate contract british american publisher ibid case possibility contract remedy exist ibid facts kirtsaeng case fit diamond example save copies issue printed initially sold asia rather great britain considering comments report copyright office prepared preliminary draft provisions new copyright statute copyright law revision part preliminary draft revised copyright law discussions comments draft judiciary comm print section draft statute addressed concerns raised representatives particular provided importation copies records work purpose distribution public shall articles imported without authority owner exclusive right distribute copies records title constitute infringement copyright actionable section section providing private cause action copyright infringement panel discussion regarding draft statute abe goldman copyright office general counsel left doubt meaning represented explained shif copyright office report recommended using copyright law facilitate publishers efforts segment international markets copyright law revision part discussions comments preliminary draft revised copyright law judiciary comm print section goldman stated allow copyright owners bring infringement actions importers foreign copies made proper authority ibid see also goldman agreed speaker comment enlarge copyright law extending import prohibitions works legally produced europe foreign countries next step copyright revision process introduction congress draft bill july see copyright law revision part revision bill discussions comments iii judiciary comm print another round public comments revised bill introduced february see copyright law revision part supplementary report register copyrights general revision copyright law revision bill judiciary comm print hereinafter copyright law revision part language closely resembling statutory text later enacted congress bill provided importation without authority owner copyright title copies phonorecords work purpose distribution public infringement exclusive right distribute copies phonorecords section actionable section implies bill explici refer ence showed marked departure copyright office prior draft ante copyright office however see way summary bill provisions copyright office observed bill like copyright office prior draft see supra permitted copyright owners bring infringement actions unauthorized importers cases copyright owner authorized making imported copies foreign country distribution country copyright law revision part see also xxvi bill unauthorized importer enjoined sued damages copies phonorecords importing making constituted infringement copyright law applied making current text finally enacted law see copyright act stat house senate committee reports act demonstrate congress understood copyright office text meant reports state section deals two separate situations importation articles copies phonorecords made without authorization copyright owner unauthorized importation copies phonorecords lawfully made general approach section make unauthorized importation act infringement cases permit bureau customs prohibit importation articles emphasis added see also sum legislative history copyright act hardly inconclusive ante contrary confirms plain text act conveys congress intended provide copyright owners remedy unauthorized importation copies works even copies made sold abroad copyright owner iv unlike holding position consistent stance taken negotiations case bears highly contentious trade issue interterritorial exhaustion issue arises intellectual property law territorial nature see supra means creators intellectual property may hold set parallel intellectual property rights laws different nations chiappetta desirability agreeing disagree wto trips international ipr exhaustion things hereinafter chiappetta international consensus whether sale one country good incorporating protected intellectual property exhausts intellectual property owner right control distribution good elsewhere indeed members world trade organization agreeing disagree provided article agreement aspects intellectual property rights trips apr nothing agreement shall used address issue exhaustion see chiappetta observing exhaustion intellectual property rights hotly debated trips negotiations article reflects negotiators ultimate inability agree single international standard similar language appears treaties party see world intellectual property organization wipo copyright treaty art treaty doc nothing treaty shall affect freedom contracting parties determine conditions exhaustion right control distribution copies copyrighted work applies first sale transfer ownership original copy work authorization author wipo performances phonograms treaty art treaty doc containing language nearly identical article wipo copyright treaty absence agreement international level country left choose exhaustion framework follow one option regime copyright owner right control distribution particular copy exhausted within country copy sold see forsyth rothnie parallel imports interface intellectual property rights competition policy anderman ed hereinafter forsyth rothnie another option rule international exhaustion authorized distribution particular copy anywhere world exhausts copyright owner distribution right everywhere respect copy see ibid european union adopted intermediate approach regional exhaustion sale copy anywhere within european economic area exhausts copyright owner distribution right throughout region see section view ties framework decision contrast places solidly camp strong arguments made favor opposition international exhaustion see chiappetta easonable people making valid points reach conflicting conclusions regarding desirability international exhaustion international exhaustion subjects goods competition lower priced imports extent benefits consumers correspondingly copyright owners profit regime also enlarges monetary incentive create new copyrightable works see forsyth rothnie surveying arguments international exhaustion weighing competing policy concerns government reached conclusion widespread adoption framework inconsistent economic interests see brief amicus curiae quality king pp hereinafter quality king brief accordingly steadfastly taken position international trade negotiations domestic copyright owners right prevent unauthorized importation copies work sold abroad advanced position multilateral trade negotiations including negotiations trips agreement see also gervais trips agreement drafting history analysis ed also taken dim view trading partners adoption legislation incorporating elements international exhaustion see clapperton corones locking customers locking competitors laws australia potential effect competition high technology markets melbourne rev expressed concern regarding legislation australia montén comment inconsistency section trips counterproductive respect future international protection intellectual property rights marq intellectual property rev respect new zealand taiwan even text history copyright act ambiguous answer question case presents see parts resist holding accord firm position taken exhaustion international negotiations quality king acknowledge discounted government concerns potential inconsistency obligations certain bilateral trade agreements see see also quality king brief listing agreements decision however dealt products made see ginsburg concurring quality king left open question whether owners copyrights retain control importation copies manufactured sold abroad point obscures see ante arguing quality king significantly eroded principle view embraces today answers question resounding risks undermining credibility world stage government urged trading partners refrain adopting regimes benefit consumers within borders impact adversely producers embraces rule benefit consumers likely disadvantage foreign holders copyrights dissonance scarcely enhances role trusted partner multilateral endeavors vimar seguros reaseguros sky reefer turn justifications decision difficult reconcile copyright act text history asserts holding consistent antitrust laws ordinarily forbid market divisions ante see also ante referring antitrust principles section however read government simply facilitates copyright owners efforts impose vertical restraints distributors copies works see forsyth rothnie parallel importation restrictions enable manufacturers distributors erect restraints market exclusive distribution see generally leegin creative leather products psks discussing vertical restraints held vertical restraints per se illegal sherman act restraints procompetitive effects sees many horribles following holding phrase lawfully made title encompass copies ante internal quotation marks omitted excluded copies fears copyright owners exercise perpetual control downstream distribution public display copies ruling wiley favor asserts shutter libraries put dealers business cripple art museums prevent resale wide range consumer goods cars calculators ante see also ante kagan concurring expressing concern imposing downstream liability purchase resell copies happen manufactured abroad copyright law precedent however erect barriers anticipated recognizing copies fall outside ambit mean forever free first sale doctrine earlier observed see supra stated doctrine initially decision time statutory provision expressly codified first sale doctrine instead copyright law merely provided copyright owners sole liberty printing reprinting publishing completing copying executing finishing vending works copyright act stat addressed scope statutory right ven granting right held congress intend permit copyright owners fasten restriction upon subsequent alienation copyright owner parted title one acquired full dominion given satisfactory price ne sold copyrighted article without restriction explained parted right control sale thus purchaser book sold authority owner copyright may sell although publish new edition ibid logic sale copy carried copyright owner authorization exhaust copyright owner right vend copy copy thenceforth resold lent otherwise redistributed without authorization copyright owner although uses word distribute rather vend reason think congress intended word distribute bear meaning different construction gave word vend see ibid emphasizing question purely one statutory construction thus accord first authorized distribution copy exhausts copyright owner distribution right authorized distribution library may lend dealer may resell copy without seeking copyright owner permission cf ante example wiley rather kirtsaeng imported sold textbooks issue case wiley distribution right exhausted rationale purchasers textbooks thus free dispose books wished without first gaining license wiley line reasoning must acknowledged significantly curtails independent effect maintain term distribute incorporates first sale doctrine virtue codification doctrine adds little regulatory section however serve statutory bulwark courts deviating way increases copyright owners control downstream distribution legislative history indicates precisely role congress intended play congress first codified first sale doctrine copyright act stat house committee report act explains order make clear congress intention enlarg ing way construction given word according committee report intended change existing law way ibid position stated explained accords expression congressional intent enacting successors hold congress change existing law stripping word vend thus substitute distribute limiting construction imposed event reading copyright act subscribe honors congress aim enacting reading act severely diminishes role see supra position way tugs principle underlying certain conduct copyright owner exhausts owner distribution right contrast fails give meaningful effect congress manifest intent grant copyright owners right control importation copies works statutory prescriptions provide protection absurd consequences imagined example permits organization operated scholarly educational religious purposes import without copyright owner authorization five copies work notably book library lending archival purposes cf ante suggesting affirming second circuit decision might prevent libraries lending books also notes amici representing art museums fear ruling wiley favor prevent museums displaying works art created abroad ante citing brief association art museum directors et amici observe museum right display works art often depends see brief association art museum directors et al provision addresses exhaustion copyright owner exclusive right publicly display owner work like applies copies lawfully made title amici contend ruling wiley favor prevent museums invoking respect works art limiting works however bar art museums lawfully displaying works made countries museums course seek copyright owner permission display work furthermore sale work art museum may carry implied license publicly display work see patry ourts noted potential availability implied nonexclusive licens circumstances demonstrate parties intended work used specific displaying work art part museum exhibition might also qualify fair use cf bouchat baltimore ravens partnership display copyrighted logo exhibition constituted fair use worries resale consumer goods contain ing copyrightable software programs packaging ante example observes car might programmed diverse forms software copyrights might owned individuals entities manufacturer car ibid must car owner asks obtain permission various copyright owners reselling car ibid although question strays far one presented case briefed parties principles fair use implied license extent express licenses exist likely permit car resold without copyright owners telling regard appears called upon answer horribles actual case three decades passed since federal first published opinion reading applicable exclusively copies made see columbia broadcasting system scorpio music distributors supp ed summarily aff table yet kirtsaeng supporting amici cite single case owner consumer good authorized sale sued copyright infringement reselling item giving away gift charity absence lawsuits unsurprising routinely suing one customers hardly best business manufacturers moreover may hesitant business software programmers taken suing consumers manufacturers may also insist software programmers agree contract terms barring lawsuits provides different explanation absence untoward consequences predicted opinion namely lower decisions regarding scope first sale prescription uniform ante uncertainty generated conflicting decisions notes may deterred copyright owners pressing infringement claims ante suggests multitude copyright owners champing bit bring lawsuits libraries art museums consumers effort exercise perpetual control downstream distribution public display copies might one expect least handful lawsuits filed past years absence suits indicates practical problems hypothesized greatly exaggerated ante surely warrant disregarding congress intent expressed grant copyright owners authority bar importation copies works cf hartford underwriters ins union planters bank hen statute language plain sole function courts least disposition required text absurd enforce according terms internal quotation marks omitted vi recapitulate objective statutory interpretation give effect intent congress american trucking two congressional aims evident first enacting congress intended grant copyright owners permission segment international markets barring importation copies second codification first sale doctrine underscores congress want exclusive distribution right conferred boundless instead harmonizing objectives subordinates first entirely second unsurprising none three major treatises copyright law embrace construction see nimmer goldstein patry rather adopting rule consistently resisted negotiations adhere framework set copyright act text history regime codified kirtsaeng unauthorized importation textbooks involved case infringed wiley copyrights therefore affirm second circuit judgment footnotes although quality king concluded statute text foreclosed outcome see solicitor general offered cogent argument contrary reasoned limit former authorizes owners sell dispose copies import act provision importation ban thus regulate separate spheres conduct see brief amicus curiae quality king pp reading remains government preferred way construing statute see tr oral arg think still adhere view section read limitation section see also ante post ginsburg dissenting indeed allowing copyright owner restrict imports irrespective doctrine reversing quality king yield far sensible scheme market segmentation adopting john wiley argument former approach turns intended market copies latter rests instead place manufacture see difference imagine john wiley prints textbooks new york wants distribute certain versions thailand without quality king john wiley produce books new york ship thailand prevent anyone importing back quality king course open john wiley even reading prevent someone like kirtsaeng books segment thai market john wiley move printing facilities abroad see reason congress conditioned copyright owner power divide markets outsourcing manufacturing foreign country footnotes congress renumbered previously see prioritizing resources organization intellectual property act proipa stat like refer provision current numbering although justice kagan concurrence suggests quality king erred holding limits ante recent unanimous holding must taken given see john sand gravel tare decisis respect statutory interpretation force remains free alter done quoting patterson mclean credit union objective case avoid unduly constrict ing scope ban unauthorized importation ante opinion kagan time remaining faithful quality king holding text history copyright act provisions aim difficult achieve see parts infra justice kagan appear agree extent congress meant ban unauthorized importation real force see ante acknowledging wiley may point designed see quality king distributors research quoting copyright law revision part discussions comments preliminary draft revised copyright law judiciary comm print hereinafter copyright law revision part statement harriet pilpel asserts position gives word lawfully little linguistic work ante reading gives meaning word phrase lawfully made title word made signifies conduct issue creation manufacture copy see webster third new international dictionary defining made artificially produced manufacturing process word lawfully indicates apply copy creation must complied body law finally prepositional phrase title clarifies body law namely copyright prescriptions contained title code attempting show reading susceptible criticism points manufacturing clause required copies work consisting preponderantly nondramatic literary material english language manufactured canada copyright act stat congress expressly referred manufacturing provision contends phrase lawfully made title mean manufactured ante argument non sequitur contend phrases lawfully made title manufactured interchangeable repeat read phrase lawfully made title referring instances copy creation governed conducted compliance title code see supra copies manufactured satisfy standard example piratical copies manufactured without copyright owner authorization lawfully made title phrase lawfully manufactured exact substitute lawfully made title making copy may lawful title yet still violate provision law consider example copy made copyright owner authorization workers paid less minimum wage copy lawfully made title sense creation violate provision title copy manufacturing nonetheless unlawful due violation laws originally enacted played additional role providing private cause action importers piratical goods see quality king however congress amended provide cause action prohibits unauthorized mportation copies phonorecords making either constituted infringement copyright constituted infringement copyright title applicable see proipa stat thus interpretation conduct reached nonowner unauthorized importation nonpiratical copy notably ignores history reveals primary purpose prescription provide remedy rogue licensees consignees bailees copyright owners frequently assert claims even absence instead primary purpose reach importers enterprising actors like kirtsaeng copyright owners assert contract claims due lack privity see part iii infra section provides subsection apply importation exportation copies phonorecords authority use government state political subdivision state including copies phonorecords use schools copies audiovisual work imported purposes archival use importation exportation private use importer exporter distribution person respect one copy phonorecord one work one time person arriving outside departing respect copies phonorecords forming part person personal baggage importation organization operated scholarly educational religious purposes private gain respect one copy audiovisual work solely archival purposes five copies phonorecords work library lending archival purposes unless importation copies phonorecords part activity consisting systematic reproduction distribution engaged organization violation provisions section term gray market good refers good imported outside distribution channels contractually negotiated intellectual property owner forsyth rothnie parallel imports interface intellectual property rights competition policy anderman ed goods also commonly called parallel imports ibid asserts reading bolstered extends copyright protection title wide variety foreign works see ante protection title afforded however merely protection infringing conduct within place title applies see patry copyright pp hereinafter patry thus reading phrase title consistent congress use phrase furthermore describes works entitled copyright protection law one disputes wiley copyrights works issue case valid question whether kirtsaeng importation copies works infringed wiley copyrights basic copyright law wnership copyright distinct ownership material object work embodied see also material objects phonorecords work fixed method known later developed work perceived reproduced otherwise communicated either directly aid machine given distinction copyright law draws works copies inapposite question presented patry connection linguistically substantively section section deals national eligibility intangible work authorship section deals tangible physical embodiment work observes ante irwin karp authors league america stated panel discussion ran counter basic concept copyright law sold copy legally ca restrict resale copyright law revision part asked presenting argument however karp responded neutral th provision thus little reason believe changes wording codification made response karp discussion problem restricting transfer lawfully obtained foreign copies ibid one difference language bill corresponding language current version current version phrase purpose distribution public omitted phrase acquired outside appears stead material differences quoted language bill corresponding language contained bill see copyright law revision part supplementary report register copyrights general revision copyright law revision bill judiciary comm print purports find support position house senate committee reports copyright act ante fails come anything act legislative history however showing congress understood words lawfully made title encompass copies chiappetta desirability agreeing disagree wto trips international ipr exhaustion things hereinafter chiappetta internal quotation marks omitted reliance solicitor general position quality king undermined agreement case reading today adopts ante principal concern quality king case however protect copyright owners right prevent parallel imports brief amicus curiae quality king hereinafter quality king brief see also brief amicus curiae arguing kirtsaeng interpretation adopts subver section ban unauthorized importation quality king solicitor general urged hold codification first sale doctrine limit right control importation set forth quality king brief quality king rejected contention reconsidered position endorses interpretation phrase lawfully made title adopt brief amicus curiae congress hardly lacks capacity provide international exhaustion intent indeed congress expressly provided international exhaustion narrow context semiconductor chips embodying protected mask works see see also nimmer nimmer copyright hereinafter nimmer first sale doctrine expressly immunizes unauthorized despite suggestion contrary case way implicates per se antitrust prohibition horizontal greements competitors allocate territories minimize competition ante quoting palmer brg per curiam wiley requesting authority enter collusive agreements textbook publishers example make wiley exclusive supplier textbooks particular subjects within particular geographic regions instead wiley asserts prerogative impose vertical restraints distribution textbooks see hovenkamp restraints competitive harm first sale doctrine perspective ann survey vertical restraints include limits way seller product distributed observes ante stated oral argument types horribles predicted opinion came pass worse frustration market segmentation result interpretation tr oral arg however recognized purported dilemma false one explained horribles avoided still giving meaningful effect ban unauthorized importation ibid appears copyright act omitted word vend introduced word distribute avoid redundan cy present law copyright law revision report register copyrights general revision copyright law judiciary comm print noting exclusive rights publish vend works copyright act stat redundant position lives limiting construction distribution right leave work little doubt books issue published first sold see straus cc sdny publisher claiming copyright infringement incorporated principal office indiana see also copyright act stat generally prohibiting importation even copyright owner copies copyrighted books patry copyright act copies books foreign authors printed cf ante asserting without acknowledging copyright act general prohibition importation copies copyrighted books unable find geographical distinctions thus exhaustion occurs copy distributed within copyright owner permission distributed abroad interpreted quality king authorized distribution copy even distribution occurring foreign country exhausts copyright owner distribution right see section therefore provides exhaustion circumstance reached section act provided othing act shall deemed forbid prevent restrict transfer copy copyrighted work possession lawfully obtained stat language repeated without material change copyright act stat noted see supra sets current codification first sale doctrine group amici representing libraries expresses concern lower courts might interpret authorizing importing lending copies works see brief american library association et al maintains agree however fairly best read implicitly authorizing lending addition importation works audiovisual works brief amicus curiae title provides notwithstanding provisions section owner particular copy lawfully made title person authorized owner entitled without authority copyright owner display copy publicly either directly projection one image time viewers present place copy located word copy appears applies original work art copyright act defines term copies includ material object work first fixed principles fair use implied license may also allow tourist buys copyrighted work art poster bumper sticker abroad publicly display america without copyright owner authorization ante tourist lawfully bring work art poster bumper sticker provides importation ban apply importation person arriving outside respect copies forming part person personal furthermore individual clearly incur liability infringement merely displaying poster artwork home see granting owners copyrights literary musical dramatic choreographic works pantomimes pictorial graphic sculptural works exclusive right display copyrighted work publicly emphasis added see also work displayed publicly displayed place open public place substantial number persons outside normal circle family social acquaintances gathered emphasis added cf nimmer performance limited members family invited guests public performance omitted exerting extensive control secondary markets may always manufacturer best interest carmakers example often trumpet resale value vehicles see nolan ud grad leads cadillac marketing dayton daily news apr cadillac plays warranty coverage reliable resale value prospective transaction costs reselling vehicles rise consumers perception new car value thus price willing pay car might fall outcome hardly favorable automobile manufacturers overlooked ability prevent importation copies encourages copyright owners wiley offer copies works reduced prices consumers less developed countries might otherwise unable afford holding however prevents copyright owners barring importation copies compete higher priced editions copyright owners make available sale country protect profit margins market copyright owners may raise prices less developed countries may withdraw markets altogether see brief amicus curiae brief text academic authors association amicus curiae brief association american publishers amicus curiae see also chiappetta rule national exhaustion encourages entry participation developing markets lower locally affordable prices eliminating risky sources cheaper parallel imports back premium markets outcome disserve consumers especially students developing nations hardly advance american foreign policy goals supporting education economic development countries quality king brief