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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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.
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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?
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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?