In an amicus brief filed in Kirtsaeng v. John Wiley & Sons Inc., the American Bar Association is urging the U.S. Supreme Court to affirm a Second Circuit ruling and hold that, under U.S. copyright law, a copyright owner retains its exclusive right to control importation of its copyrighted goods into the United States when those goods are made and distributed abroad and the copyright owner has not authorized a sale or distribution in the United States.
ABA policy supporting the brief’s position was developed by the association’s Section of Intellectual Property Law. With 25,000 members, the section promotes development and improvement of intellectual property law and includes lawyers representing the diverse interests of copyright owners, users of works of authorship, large and small corporations, libraries, universities and individual authors.
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