Cite as: 523 U. S. 135 (1998)
Opinion of the Court
novel protected by a United States copyright.23 Given the importance of the fair use defense to publishers of scholarly works, as well as to publishers of periodicals, it is difficult to believe that Congress intended to impose an absolute ban on the importation of all such works containing any copying of material protected by a United States copyright.
In the context of this case, involving copyrighted labels, it seems unlikely that an importer could defend an infringement as a "fair use" of the label. In construing the statute, however, we must remember that its principal purpose was to promote the progress of the "useful Arts," U. S. Const., Art. I, § 8, cl. 8, by rewarding creativity, and its principal function is the protection of original works, rather than ordinary commercial products that use copyrighted material as a marketing aid. It is therefore appropriate to take into account the impact of the denial of the fair use defense for the importer of foreign publications. As applied to such publications, L'anza's construction of § 602 "would merely inhibit access to ideas without any countervailing benefit." Sony Corp. of America v. Universal City Studios, Inc., 464 U. S. 417, 450-451 (1984).24
Does an importer "sell or otherwise dispose" of copies as those words are used in § 109(a)?
Whether viewed from the standpoint of the importer or from that of the copyright holder, the textual argument advanced by the Solicitor General 25—that the act of "im-23 The § 602(a) exceptions, which are substantially narrower than § 107, would not permit such importation. See n. 11, supra.
24 L'anza's reliance on § 602(a)(3)'s reference to § 108(g)(2), see n. 11, supra, to demonstrate that all of the other limitations set out in §§ 107 through 120—including the first sale and fair use doctrines—do not apply to imported copies is unavailing for the same reasons.
25 See also Brief for Recording Industry Association of America et al. 19-21.
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