Omega S.A. v. Costco Wholesale Corp. - 776 F.3d 692 (9th Cir. 2015)

Rule:

The first sale doctrine, codified at 17 U.S.C.S. § 109(a), means that once a copyright owner consents to the sale of particular copies of work, that same copyright owner cannot later claim infringement for distribution of those copies.

Facts:

Plaintiff copyright holder sued defendant for copyright infringement based on defendant’s importation into the United States of plaintiff’s luxury watches without plaintiff’s permission. The district court granted summary judgment to defendant based on the first sale doctrine. Plaintiff appealed. 

Issue:

Was the plaintiff’s infringement claim barred by the first sale doctrine? 

Answer:

Yes.

Conclusion:

The judgment was affirmed. The court held that the plaintiff’s infringement claim brought pursuant to 17 U.S.C.S. § 602 was barred by the first sale doctrine under 17 U.S.C.S. § 109(a) because the holder's copyright distribution and importation rights expired after an authorized first sale of the watches in a foreign jurisdiction.