key term - Distribution Right

Definition

The distribution right is a key exclusive right granted to copyright owners that allows them to control the initial public distribution of their copyrighted works. This right encompasses the ability to sell, rent, lease, or lend the work to the public.

5 Must Know Facts For Your Next Test

1. The distribution right is one of the exclusive rights granted to copyright owners under Section 106 of the Copyright Act.
2. This right allows copyright owners to control the initial public distribution of their works, including the ability to sell, rent, lease, or lend copies.
3. The first sale doctrine limits the distribution right, allowing the owner of a particular copy to resell or dispose of that copy without the copyright owner's permission.
4. The rental rights provision grants copyright owners additional control over the rental or lending of their works to the public.
5. The exhaustion doctrine further limits the distribution right, stating that the copyright owner's control over distribution ends after the first authorized sale of a particular copy.

Review Questions

• Explain the purpose and scope of the distribution right granted to copyright owners.
  • The distribution right is one of the exclusive rights granted to copyright owners under the Copyright Act. This right allows copyright owners to control the initial public distribution of their works, including the ability to sell, rent, lease, or lend copies of the work to the public. The distribution right is intended to give copyright owners control over the first-hand dissemination of their creative works, ensuring they can benefit financially from the distribution of their copyrighted material.
• Describe how the first sale doctrine and exhaustion doctrine limit the distribution right.
  • The first sale doctrine and exhaustion doctrine serve as important limitations on the distribution right. The first sale doctrine allows the owner of a particular copy of a copyrighted work to sell or otherwise dispose of that copy without the copyright owner's permission. The exhaustion doctrine further limits the distribution right by stating that the copyright owner's control over distribution ends after the first authorized sale of a particular copy. These doctrines ensure that copyright owners cannot exert perpetual control over the distribution of their works after the initial sale, promoting the free alienability of copyrighted goods.
• Analyze how the rental rights provision expands the distribution right for copyright owners.
  • The rental rights provision grants copyright owners additional control over the rental or lending of their copyrighted works to the public. This expands the distribution right beyond just the ability to sell copies, allowing copyright owners to exert control over the temporary distribution of their works through rental or lending arrangements. The rental rights provision was introduced to address concerns that the first sale doctrine and exhaustion doctrine were undermining the distribution right, as consumers could easily circumvent the copyright owner's control by renting or lending copies instead of purchasing them outright. By granting this additional right, the rental rights provision strengthens the distribution right and the copyright owner's ability to monetize the dissemination of their creative works.

Related terms

First Sale Doctrine:

The legal principle that allows the owner of a particular copy of a copyrighted work to sell or otherwise dispose of that copy without the copyright owner's permission.

Rental Rights: A specific type of distribution right that allows copyright owners to control the rental or lending of their works to the public.

Exhaustion Doctrine: The legal principle that limits the distribution right, stating that the copyright owner's control over distribution ends after the first authorized sale of a particular copy.