First sale doctrine

Definition

The first sale doctrine is a legal principle in copyright law that allows the owner of a lawfully acquired copyrighted work to resell or otherwise dispose of that particular copy without the permission of the copyright holder. This doctrine promotes the free exchange of goods and contributes to a secondary market for artworks, allowing artists to benefit indirectly as their works change hands. It balances the interests of copyright owners with those of consumers and the art market.

5 Must Know Facts For Your Next Test

1. The first sale doctrine applies only to the specific copy of the work that was purchased, meaning it does not extend to reproducing or distributing additional copies.
2. This doctrine is critical for libraries and educational institutions, as it allows them to lend copyrighted works without needing permission from the copyright owner.
3. The first sale doctrine does not apply to digital works unless they are sold as physical copies; digital licenses often come with restrictions against resale.
4. Under this doctrine, artists may not directly profit from the resale of their works unless they have specific resale rights established.
5. The concept helps prevent monopolistic practices by copyright holders, allowing for a more dynamic and accessible art market.

Review Questions

• How does the first sale doctrine affect the resale market for artworks?
  • The first sale doctrine significantly impacts the resale market by allowing individuals who own a copyrighted work to sell it without needing permission from the original copyright holder. This promotes a healthy secondary market where artworks can circulate freely among collectors, potentially increasing their value over time. It creates opportunities for both artists and buyers by fostering a more accessible marketplace where art can be exchanged and enjoyed.
• Discuss the limitations of the first sale doctrine in relation to digital works and how this affects artists and consumers.
  • The limitations of the first sale doctrine are particularly pronounced in the context of digital works, as it typically does not apply to them unless they are sold as physical copies. Digital licenses often restrict users from reselling or transferring their purchases. This situation can disadvantage artists by limiting potential income from secondary sales and restricting consumer rights, as digital purchases may feel less permanent compared to physical ones.
• Evaluate how the first sale doctrine interacts with concepts like copyright ownership and public domain status within the art world.
  • The first sale doctrine interacts with copyright ownership by allowing original purchasers to exert control over their specific copies while still preserving the rights of copyright holders over reproduction and distribution. In contrast, once a work enters the public domain, no copyright protections apply, allowing anyone to use it freely. This interplay shapes how artworks are shared, valued, and preserved in cultural contexts, emphasizing the importance of understanding both ownership rights and the flow of creative works within society.

Related terms

Copyright: A legal right that grants the creator of original works exclusive rights to their use and distribution, typically for a limited time.

Resale Right: A legal right that enables artists to receive a percentage of the sale price when their works are resold in certain markets.

Public Domain: A status of creative works that are no longer under copyright protection, allowing anyone to use them freely without permission.