On November 15, the Supreme Court granted certiorari in Google LLC v. Oracle America, Inc., No. 18-956. The two questions presented before the Court are (1) whether “copyright protection extends to a software interface,” and (2) whether, as the jury found, that Google’s “use of a software interface in the context of a creating a new computer program constitutes fair use.”
Continue Reading Certiorari Granted in Google LLC v. Oracle America, Inc.

On Tuesday, the Supreme Court issued its opinion in Kirtsaeng v. John Wiley & Sons, Inc., resolving a long-simmering debate by holding that copyright’s first-sale doctrine applies to copyrighted works lawfully made anywhere in the world.  The upshot is that someone who buys an authorized, foreign-made copy (Kirtsaeng involved a foreign version of a textbook) is free to resell that copy in the U.S. without the copyright owner’s permission.

As we explained in a previous post, the crux of the issue is the interplay between the Copyright Act’s “importation” provision (section 602(a)(1)) and its “first-sale” provision (section 109(a)).  Generally, a copyright owner has the exclusive right to distribute copies of the copyrighted work.  The first-sale provision, however, creates an exception to that right: it provides that someone who owns a particular copy “lawfully made under this title” (i.e., lawfully made under the Copyright Act) has the right to sell that copy without permission from the copyright owner.  Finally, the importation provision says that if you acquire a copy outside the U.S., importing that copy into the U.S. without the copyright owner’s permission infringes upon the owner’s exclusive right to distribute copies.


Continue Reading Supreme Court Clarifies Broad Geographic Reach of Copyright’s First-Sale Doctrine

The Supreme Court heard oral arguments Monday in Kirtsaeng v. John Wiley & Sons, Inc., a case addressing whether textbooks — and other copyrighted works — made abroad can be imported and sold in the United States without the copyright holder’s permission.

The Court’s decision will clarify to what extent § 109(a) of the Copyright Act — also known as the first-sale doctrine — applies to copyrighted works made outside the U.S.  The first-sale doctrine permits the legal owner of a copyrighted work to dispose of the work without the copyright holder’s approval.


Continue Reading Supreme Court Hears Arguments in Foreign-Made Textbooks Case

The Supreme Court has agreed to hear a case on the ability of the Federal Communications Commission (FCC) and other federal agencies to determine the scope of their own jurisdiction.  Generally, under the Supreme Court’s decision in Chevron USA v. NRDC, courts must defer to agencies’ interpretations of ambiguous statutes within the agencies’ respective areas of regulation.  In City of Arlington v. FCC, the Supreme Court will determine whether courts must apply this same deference to agencies’ interpretations of statutory provisions governing their own authority. 
Continue Reading Supreme Court to Hear Case on FCC Jurisdiction to Establish Zoning “Shot Clock”