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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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