First Sale Doctrine - Explained
How Copyrights Affect the Ability to Re-sell a Copyrighted Work
Written by Jason Gordon
Updated at April 8th, 2023
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What is the First Sale Doctrine?
Section 109 of the Copyright Act provides a purchaser of a copyrighted item the ability to sell or otherwise dispose of the item without the permission of the copyright holder. This is known as the first-sale doctrine. It stands for the proposition that a copyright holder cannot control a copyrighted item after it has been sold or transferred.
Note: The purchase of copyrighted item only establishes rights in that item. It does not authorize an individual to copy or otherwise reproduce that copyrighted item.
Next Article: International Protection of Intellectual Property Back to: INTELLECTUAL PROPERTY LAW
Discussion Question
Why do you think the law allows initial purchasers of a copyrighted item the ability to sell or transfer that item? Is there an argument for limiting a purchasers authority? Is there an argument for allowing a purchaser to copy or reproduce the item?
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