Geophysical Service v. TGS-Nopec Geophysical, No. 15-20706 (5th Cir. 2017)Annotate this Case
TGS, a Houston company requested seismic data from Geophysical, a Canadian company, under Canada's law that requires companies who gather seismic data about the Earth's substructure to submit their findings to the Canadian government. After a period of confidentiality, the Canadian agency that compiled this data was then apparently permitted to release it to members of the public upon specific request. Geophysicial then filed suit against TGS, alleging copyright infringement. The court held that the act of state doctrine does not forbid a United States court from considering the applicability of copyright's first sale doctrine to foreign-made copies when the foreign copier was a government agency. The court also held that the inapplicability of the Copyright Act, 17 U.S.C. 101 et seq., to extraterritorial conduct barred a contributory infringement claim based on the domestic authorization of entirely extraterritorial conduct. Accordingly, the court affirmed in part, reversed in part, and remanded.