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How the First Sale Doctrine Empowers Buyers to Resell Copyrighted Goods

By August 21, 2024No Comments

The first sale doctrine is an important legal principle in intellectual property law. This doctrine allows the owner of a copyrighted work to resell or otherwise dispose of that particular copy without needing permission from the copyright holder. The principle was established to balance the interests of copyright owners with the publicโ€™s access to copyrighted materials.

Enshrined in Section 109(a) of the Copyright Act, the first sale doctrine states that once a copyrighted work is lawfully sold or transferred, the copyright ownerโ€™s control over that specific copy is exhausted. This means that the new owner of the work can resell, donate, or lend that copy without further permission from the original copyright holder.ย 

For example, if you purchase a book, the first sale doctrine allows you to sell it at a garage sale, donate it to a library, or give it away. The copyright owner of the book cannot prevent these actions since their control over that particular copy ended with the initial sale.ย 

Additionally, the Supreme Court has extended the protection of the first sale doctrine to cover imported copies of copyrighted materials. See Quality King Distributors v. Lโ€™Anza Research Intโ€™l, 523 U.S. 135 (1998). The Supreme Court has also held that the doctrine applies to copyrighted works that were lawfully made abroad and resold domestically. See Kirtsaeng v. John Wiley & Sons, Inc., 586 U.S. 519 (2013).

However, it’s crucial to understand that the first sale doctrine only applies to the distribution of physical copies. It does not extend to digital copies or reproduction rights. For instance, if you buy a digital song or an e-book, the first sale doctrine does not permit you to resell or distribute these digital files in the same way you would with physical copies. Digital content typically involves licensing agreements that impose restrictions on resale and distribution.

Overall, the first sale doctrine supports the free flow of goods and enables consumers to exercise control over the items they own. Itโ€™s a key concept for maintaining a fair market and ensuring that copyright laws do not overly restrict the resale and distribution of physical media.

If you need legal help with a copyright dispute, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com.

We at Ayala Lawย  are passionate about helping those in legal need, so please donโ€™t hesitate to schedule a case evaluation with us online here.ย 

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