What does the first sale doctrine cover?

What does the first sale doctrine cover?

The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.

Does first sale doctrine apply to ebooks?

Because the first sale doctrine does not apply to electronic books, libraries cannot freely lend e-books indefinitely after purchase. Instead, electronic book publishers came up with business models to sell the subscriptions to the license of the text.

What is and is not permitted by the first sale doctrine?

All that the consumer can do is to dispose of the particular copy that has been purchased. For example, the first sale doctrine does not permit the owner of a book of copyrighted art prints to separate the prints, mount them in frames, and sell them separately. Only the owner of the copy has such rights.

Can you contract around First Sale Doctrine?

The underlying rationale is important for determining the extent of the first sale doctrine. If first sale is a gap-filler, then the parties could contract around it, agreeing that the property sold would not be subject to first-sale rights.

Does first sale doctrine apply to gifts?

The first sale exception provides that when someone lawfully purchases a copy of a copyrighted movie, book, song, computer program or other copyrighted work, the purchaser may generally sell, lease, loan, gift, display or otherwise dispose of his or her copy of the work.

Can you contract around first sale doctrine?

Does first sale doctrine apply to digital media?

An owner of a copy of a copyrighted work can take advantage of the first sale doctrine, but a licensee cannot. Licensing agreements impose use restrictions on digital content. As licensees, customers are unable to invoke the first sale doctrine and legally resell or transfer their digital content to others.

Is the first sale doctrine a defense?

The first sale doctrine is a defense to trademark infringement. In the US, federal trademarks are governed by the Lanham Act. If a person or entity uses a trademark without authorization, the holder/owner of the trademark may bring a lawsuit for trademark infringement.

Can you sell used textbooks with writing?

You can sell a book in pristine condition for more than a book with rounded corners or writing on its pages. The Availability of the Book. Supply and demand play a part in the used textbook market. The more copies there are of a particular book, the lower the price of each copy.

What are GREY goods and why is the first sale doctrine important?

The “first sale” doctrine in copyright law allows the owner of a “lawfully made” copy of a copyrighted work to sell or otherwise dispose of that copy without limitations imposed by the copyright owner.

What is the “first sale” doctrine?

The “first sale” doctrine (17 U.S.C. § 109 (a)) gives the owners of copyrighted works the rights to sell, lend, or share their copies without having to obtain permission or pay fees. The copy becomes like any piece of physical property; you’ve purchased it, you own it. You cannot make copies and sell them—the copyright owner retains those rights.

What is a first sale copyright law?

The “first sale” doctrine (17 U.S.C. § 109 (a)) gives the owners of copyrighted works the rights to sell, lend, or share their copies without having to obtain permission or pay fees. The copy becomes like any piece of physical property; you’ve purchased it, you own it.

Can a reseller avoid trademark infringement under the first sale doctrine?

This includes if products were originally purchased in bulk and then resold separately. Resellers may be able to avoid claims of trademark infringement under the first sale doctrine if they provide adequate notice of the material differences to consumers.

Where does the doctrine of doctrine of right to trademark law come from?

In patent law, this doctrine is not stated explicitly in the Patent Act. Instead, the concept can be found in Adams v. Burke, an 1873 Supreme Court case. Similarly, this right in trademark law can be found in court cases, such as in NEC Electronics v.

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