2010 Supreme Court term

COSTCO WHOLESALE CORPORATION v. OMEGA, S.A.

Dockets 08-1423Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

Guide pending. Verified case metadata and available source documents are shown below while a supported explanation is prepared.

Background and question before the Court

From 1790 to 1891, foreigners were categorically ineligible to hold U.S. copyrights.

What each side argues

Petitioner (Costco Wholesale Corporation) Position

According to Aaron M. Panner, section 602(a)(1) permits the distribution of foreign‑made copies abroad without the U.S. copyright holder forfeiting the exclusive right to distribute copies domestically.

According to Aaron M. Panner, “Made” includes the creation of the physical copy and the addition of any intellectual property rights needed for U.S. distribution.

According to Aaron M. Panner, Section 602(a)(1) is designed to permit a U.S. copyright owner to exclude legitimate copies, and Congress indicated this in the House Committee report.

According to Roy T. Englert, Jr., according to Roy T. Englert, Jr., the brief does not present a policy argument favoring foreign‑manufactured goods.

Respondent (Omega, S.A.) Position

Source-limited. The record does not yet support a complete account.

What happened at oral argument

Source-limited The available primary sources do not support a complete explanation yet.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

According to United States, because the Copyright Act does not apply abroad, a copy must be created in the United States to be “lawfully made.”

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 4ef318df3032fd54d041-r1-81892cb75c4ad1a2.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.