3 ms·
"Made lawfully under this title" is the wording that mattered in Omega v Costco and lower court decisions in Kirtsaeng v John Wiley. In 17 USC §109 which limits
by antiterra 14y ago
"Made lawfully under this title" is the wording that mattered in Omega v Costco and lower court decisions in Kirtsaeng v John Wiley. In 17 USC §109 which limits copyright holder rights and is the codification of the first sale doctrine, all of the limitations listed apply only to works subject to that phrase.[1]
In a nutshell:
One interpretation is that "lawfully made under this title" simply means a work that does not infringe on other copyrights, as per Title 17. Another implies that the work must be made in the jurisdiction of US Law for the limitations to apply.
I cannot see how first sale in all its forms would not be threatened by the latter interpretation. If you go out of the US and buy a book that is not produced in the US, you would have no codified right to resell it in the US.
[1]http://www.law.cornell.edu/uscode/text/17/109 http://www.law.cornell.edu/uscode/text/17/109