First sale doctrine

Definition

The first sale doctrine is a legal principle in copyright law that allows the owner of a lawfully made copy of a copyrighted work to sell or otherwise dispose of that copy without the permission of the copyright holder. This doctrine is significant as it balances the rights of creators with the rights of consumers, allowing for resale and distribution of works once they have been purchased. It plays a crucial role in the context of intellectual property, particularly in the realms of copyright, by permitting the free movement of goods and facilitating secondary markets.

5 Must Know Facts For Your Next Test

1. The first sale doctrine originated from the U.S. Supreme Court case 'Bobbs-Merrill Co. v. Straus' in 1908, which established that an author cannot impose restrictions on resale after the first sale.
2. This doctrine applies not only to physical goods like books and CDs but also to digital goods, although its application in digital contexts is still evolving.
3. Retailers and libraries often rely on the first sale doctrine to lend and resell items without violating copyright laws.
4. The doctrine does not allow for the reproduction of copyrighted material; it only pertains to the right to sell or distribute lawfully acquired copies.
5. Exceptions to this doctrine include rental agreements and certain digital distributions where licensing terms may restrict resale.

Review Questions

• How does the first sale doctrine impact consumers' rights regarding purchased copyrighted works?
  • The first sale doctrine significantly enhances consumers' rights by allowing them to sell or give away copies of copyrighted works they have legally purchased. This means that once a consumer buys a book or a CD, they are free to resell it or lend it without seeking permission from the copyright holder. This principle supports a vibrant secondary market and promotes access to creative works by enabling consumers to circulate these items within their communities.
• Discuss how the first sale doctrine interacts with digital copyrights and why this interaction is complex.
  • The first sale doctrine faces complexities in the realm of digital copyrights because digital products often come with licensing agreements that limit how they can be transferred or resold. Unlike physical items where ownership is clear, digital items can be bound by terms of service that do not allow resale. This raises questions about how the first sale doctrine applies when users purchase software or digital media. As technology evolves, courts are grappling with how traditional concepts like the first sale doctrine fit into a landscape dominated by digital distribution.
• Evaluate the implications of the first sale doctrine on the balance between copyright owners' rights and public access to information.
  • The first sale doctrine plays a crucial role in balancing copyright owners' rights with public access to information by allowing individuals to redistribute lawfully obtained copies of copyrighted works. This redistribution fosters cultural exchange and access to knowledge, as individuals can share books or media without infringing copyright. However, this balance is continually tested as copyright holders seek greater control over their works in an increasingly digital world. The tension between protecting creators’ interests and ensuring public access remains a significant issue in discussions around intellectual property law.

Related terms

Copyright: A form of protection grounded in the U.S. Constitution that gives authors and creators exclusive rights to their original works, such as literature, music, and art.

Exhaustion Doctrine: A legal principle that limits the rights of a copyright holder after an initial sale, emphasizing that once a copyrighted item is sold, the rights are exhausted for that specific copy.

Fair Use: A legal doctrine that permits limited use of copyrighted material without permission from the rights holder, often used for criticism, comment, news reporting, teaching, scholarship, or research.