First sale doctrine

Definition

The first sale doctrine is a legal principle in copyright law that allows the owner of a lawfully acquired copy of a copyrighted work to resell, rent, or lend that copy without needing permission from the copyright holder. This doctrine emphasizes the rights of consumers and promotes the circulation of goods by recognizing that ownership of a physical copy transfers certain rights to the buyer. It serves as a counterbalance to the exclusive rights granted to copyright holders, ensuring that once a work has been sold, its resale does not infringe on the copyright owner's rights.

5 Must Know Facts For Your Next Test

1. The first sale doctrine is codified in Section 109(a) of the U.S. Copyright Act, which permits the resale or distribution of copyrighted material after its initial sale.
2. This doctrine applies only to tangible copies of works, meaning it does not extend to digital copies or works available for streaming.
3. The first sale doctrine supports secondary markets, such as used bookstores and libraries, enabling consumers to access and share creative works more freely.
4. Court cases like 'Capitol Records v. ReDigi' have tested the limits of the first sale doctrine, especially concerning digital media and whether it applies to online sales.
5. Infringement can occur if someone makes copies or redistributes a copyrighted work without authorization, even if they legally obtained a copy.

Review Questions

• How does the first sale doctrine impact consumer rights regarding the resale of physical copies of copyrighted works?
  • The first sale doctrine significantly enhances consumer rights by allowing individuals who legally purchase a physical copy of a copyrighted work to resell or lend it without seeking permission from the copyright owner. This right promotes a vibrant secondary market, allowing consumers to recover some costs and facilitating access to creative works. It ensures that ownership includes certain rights, fostering an environment where goods can circulate freely among users.
• In what ways has the digital age challenged the application of the first sale doctrine, especially concerning online distribution platforms?
  • The digital age has posed challenges to the first sale doctrine primarily because it was designed for tangible copies. As music and books have transitioned to digital formats, questions arise about whether ownership includes resale rights when copies are often licensed rather than sold. Legal cases like 'Capitol Records v. ReDigi' illustrate these complexities, debating whether selling digital files should be treated similarly to physical ones under this doctrine.
• Evaluate the implications of potential changes or limitations to the first sale doctrine in relation to copyright law and consumer access to cultural products.
  • Potential changes or limitations to the first sale doctrine could significantly reshape how copyright law interacts with consumer access to cultural products. If this doctrine were weakened, it might restrict consumers' abilities to resell or lend physical copies, ultimately leading to reduced availability and higher prices for these works. Such changes could hinder access for those who rely on used markets and libraries, affecting cultural engagement and participation. A balance must be struck between protecting creators' rights and ensuring public access to creative content.

Related terms

Copyright: A legal right that grants the creator of original works exclusive control over the use and distribution of their creations for a specified period.

Public Domain: A status of creative works that are no longer under copyright protection, allowing anyone to use them without permission.

Licensing: An agreement that allows one party to use the intellectual property of another under specified conditions, often in exchange for payment.