Cite as: 523 U. S. 135 (1998)
Syllabus
§ 602(a) unambiguously states that the prohibited importation is an infringement "under [§ ]106," thereby identifying § 602 violations as a species of § 106 violations. More important is the fact that the § 106 rights are subject to all of the provisions of "[§§ ]107 through 120." If § 602(a) functioned independently, none of those sections would limit its coverage. Pp. 149-151.
(e) The Court finds unpersuasive the Solicitor General's argument that "importation" describes an act that is not protected by § 109(a)'s authorization to a subsequent owner "to sell or otherwise dispose of the possession of" a copy. An ordinary interpretation of that language includes the right to ship the copy to another person in another country. More important, the Solicitor General's cramped reading is at odds with § 109(a)'s necessarily broad reach. The whole point of the first sale doctrine is that once the copyright owner places a copyrighted item in the stream of commerce by selling it, he has exhausted his exclusive statutory right to control its distribution. There is no reason to assume that Congress intended § 109(a) to limit the doctrine's scope. Pp. 151-152.
(f) The wisdom of protecting domestic copyright owners from the unauthorized importation of validly copyrighted copies of their works, and the fact that the Executive Branch has recently entered into at least five international trade agreements apparently intended to do just that, are irrelevant to a proper interpretation of the Act. Pp. 153-154.
98 F. 3d 1109, reversed.
Stevens, J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, post, p. 154.
Allen R. Snyder argued the cause for petitioner. With him on the briefs were Jonathan S. Franklin, William T. Rintala, and J. Larson Jaenicke.
Raymond H. Goettsch argued the cause and filed a brief for respondent.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae urging affirmance. With him on the brief were Acting Solicitor General Waxman, Assistant Attorneys General Hunger and Klein, Patricia A. Millett, Michael Jay Singer, and Irene M. Solet.*
*Briefs of amici curiae urging reversal were filed for the American Free Trade Association by Gilbert Lee Sandler and Jorge Espinosa; for Cosco Companies, Inc., et al. by Michael D. Sandler, Peter J. Kadzik, Rich-
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