First Sale Doctrine

Definition

The first sale doctrine is a legal principle that allows the owner of a lawfully made copy of a copyrighted work to resell, lend, or otherwise dispose of that particular copy without the copyright owner's permission. It establishes that the copyright holder's exclusive rights are limited to the first sale of a particular copy, and subsequent owners of that copy can freely transfer it.

5 Must Know Facts For Your Next Test

1. The first sale doctrine is a limitation on the exclusive distribution right of the copyright holder, allowing the owner of a particular copy to resell or dispose of that copy without the copyright owner's permission.
2. The doctrine applies only to the particular copy that was lawfully acquired, not to the making of new copies.
3. The first sale doctrine has been a key principle in allowing the development of secondary markets for copyrighted works, such as used bookstores, libraries, and online marketplaces.
4. The doctrine has been challenged in the digital era, as courts have grappled with whether it applies to digital copies or licensed works that are not technically 'owned' by the user.
5. Changes to copyright law, such as the DMCA, have sought to limit the first sale doctrine's applicability in the digital realm, leading to ongoing debates about the doctrine's scope and relevance.

Review Questions

• Explain how the first sale doctrine relates to the basic principles of copyright law.
  • The first sale doctrine is a key limitation on the exclusive rights granted to copyright holders under copyright law. While copyright owners have the exclusive right to distribute their works, the first sale doctrine establishes that once a particular copy of a work has been sold, the copyright holder's control over the distribution of that copy is exhausted. This allows the new owner to resell, lend, or otherwise dispose of the lawfully acquired copy without needing the copyright holder's permission. The first sale doctrine thus balances the copyright holder's interests with the public's interest in a robust secondary market for copyrighted works.
• Discuss how changes in copyright law, such as the DMCA, have impacted the applicability of the first sale doctrine.
  • The emergence of digital technologies and the increasing prevalence of licensed, rather than owned, digital content have challenged the traditional application of the first sale doctrine. The Digital Millennium Copyright Act (DMCA) and other legal developments have sought to limit the first sale doctrine's applicability in the digital realm. For example, the DMCA's anti-circumvention provisions have been interpreted to prevent users from bypassing technological protection measures that restrict the transfer of digital copies, effectively undermining the first sale doctrine in the digital context. This has led to ongoing debates about the appropriate scope of the first sale doctrine and whether it should be adapted to accommodate new technological and business models in the digital age.
• Analyze the role of the first sale doctrine in enabling the development of secondary markets for copyrighted works and its broader implications for access to and distribution of creative content.
  • The first sale doctrine has played a crucial role in enabling the development of secondary markets for copyrighted works, such as used bookstores, libraries, and online marketplaces. By allowing the owners of lawfully acquired copies to resell or lend those copies without the copyright holder's permission, the first sale doctrine has facilitated the circulation and distribution of creative content beyond the initial sale. This has increased public access to copyrighted works and fostered a more vibrant cultural landscape. However, the doctrine's applicability has been challenged in the digital era, as courts and policymakers grapple with the appropriate balance between the copyright holder's interests and the public's interest in a robust secondary market. The ongoing debates surrounding the first sale doctrine highlight the broader tensions between intellectual property rights, technological change, and the public's access to and use of creative works.

Related terms

Copyright Exhaustion: The legal doctrine that limits the copyright holder's control over the distribution of a particular copy of a work after its initial sale.

Resale Rights: The right of the owner of a lawfully acquired copy of a copyrighted work to resell or otherwise dispose of that particular copy.

Parallel Importation: The practice of importing genuine goods from one country and selling them in another country without the permission of the intellectual property rights holder.