First-sale doctrine meaning

First-sale doctrine definitions

The First-Sale Doctrine is a legal principle that allows individuals who purchase a copyrighted work to resell or otherwise dispose of that particular copy without the permission of the copyright owner. This doctrine applies to various physical items such as books, CDs, DVDs, and software.

Origin of First-Sale Doctrine

The First-Sale Doctrine originated from a U.S. Supreme Court case in 1908, known as Bobbs-Merrill Co. v. Straus. The case involved the rights of a copyright holder in controlling the resale price of their books. The court ruled that once a copyrighted work is sold, the copyright owner's control over that particular copy ends.

Implications of First-Sale Doctrine

One of the key implications of the First-Sale Doctrine is that it allows for the existence of secondary markets, such as used bookstores, record shops, and online platforms like eBay and Amazon Marketplace. These markets thrive on the ability of individuals to resell their legally acquired copies of copyrighted works.

Limitations of First-Sale Doctrine

While the First-Sale Doctrine is a powerful tool for consumers and businesses engaged in the resale of copyrighted works, it has its limitations. For instance, the doctrine does not apply to digital goods like e-books, mp3 files, and software downloads. This is because these items are typically licensed rather than sold, and the terms of the license may restrict resale.

Overall, the First-Sale Doctrine is a fundamental aspect of copyright law that balances the rights of copyright owners with the rights of individuals to resell the copies of copyrighted works that they own. It plays a crucial role in fostering competition, enabling access to affordable goods, and supporting the circulation of creative works in society.

First-sale doctrine Examples

1. The first-sale doctrine allows individuals to resell legally purchased books without infringing on copyright laws.
2. Under the first-sale doctrine, a person can sell their used DVDs to a second-hand store without repercussions.
3. Online marketplaces often rely on the first-sale doctrine to facilitate the buying and selling of pre-owned goods.
4. Artists can benefit from the first-sale doctrine by selling their original works of art without restrictions on resale.
5. The first-sale doctrine protects consumers' rights to resell their purchased software licenses.
6. Libraries are able to lend out books to patrons thanks to the first-sale doctrine.
7. Auction houses frequently deal with items covered by the first-sale doctrine, such as antiques and collectibles.
8. The first-sale doctrine can come into play when selling tickets to events or concerts.
9. Thrift stores operate under the principles of the first-sale doctrine when accepting donations and reselling them.
10. Individuals can exercise their rights under the first-sale doctrine by gifting or donating items they no longer need.

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