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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 September 26th, 2021

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Table of Contents

What is the First Sale Doctrine?Discussion QuestionAcademic Research

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

Related Topics

  • What is a copyright?
  • Digital Millennium Copyright Act or DMCA Explained
  • Basics of Copyright Law
  • What are the rights of a holder of a copyright?
  • What are the elements of a copyright?
  • How long is the period of copyright protection?
  • What is the process for registering a copyright?
  • Who may claim and secure copyright protection?
  • What are infringement and the process for enforcing a copyright?
  • What are the defenses available against a claim of copyright infringement?
  • Public Domain Works
  • Licensing Agreement
  • End User License Agreement
  • What is Fair Use of copyright?
  • What is the First Sale Doctrine?

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?

Academic Research


first sale doctrine

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