First-Sale Doctrine

Definition

The first-sale doctrine is a legal principle in copyright law that allows the purchaser of a copyrighted work to resell, lend, or otherwise dispose of that particular copy of the work without the permission of the copyright holder. It establishes the right of the owner of a lawfully made copy of a copyrighted work to freely alienate that copy.

5 Must Know Facts For Your Next Test

1. The first-sale doctrine is codified in Section 109 of the U.S. Copyright Act, which states that the owner of a particular copy of a copyrighted work is entitled to sell or otherwise dispose of that copy without the copyright owner's permission.
2. The doctrine is based on the idea that the copyright holder's exclusive rights are 'exhausted' once a particular copy of a work has been sold, allowing the new owner to freely resell or transfer that copy.
3. The first-sale doctrine has important implications for secondary markets, libraries, and the ability to lend, rent, or resell copyrighted works.
4. The doctrine does not apply to making additional copies of a work, only to the specific copy that was lawfully acquired.
5. The applicability of the first-sale doctrine to digital works, such as e-books and software, is an area of ongoing legal debate and uncertainty.

Review Questions

• Explain how the first-sale doctrine relates to the rights and term of copyright protection.
  • The first-sale doctrine is a key limitation on the exclusive rights of copyright holders. It establishes that once a particular copy of a copyrighted work has been sold, the copyright owner's control over the distribution of that copy is exhausted. This allows the new owner to freely resell, lend, or dispose of that specific copy without needing permission from the copyright holder. The first-sale doctrine thus balances the rights of copyright owners with the rights of consumers to freely alienate lawfully obtained copies of works.
• Describe how the first-sale doctrine is impacted by the changing landscape of copyright in the digital world.
  • The applicability of the first-sale doctrine to digital works, such as e-books and software, is a subject of ongoing legal debate and uncertainty. Unlike physical copies of works, digital files are often licensed rather than sold outright, raising questions about whether the first-sale doctrine should apply. Additionally, the ease of making perfect digital copies complicates the doctrine's traditional focus on the transfer of a specific, lawfully obtained copy. As copyright law struggles to adapt to the digital environment, the future of the first-sale doctrine in the context of e-books, software, and other digital media remains an important and unresolved issue.
• Evaluate the broader implications of the first-sale doctrine for consumers, copyright holders, and secondary markets.
  • The first-sale doctrine has significant implications for consumers, copyright holders, and secondary markets. For consumers, it preserves the right to resell, lend, or otherwise dispose of lawfully obtained copies of copyrighted works, supporting the free alienability of personal property. For copyright holders, the doctrine limits their control over the distribution of their works after the initial sale, potentially impacting revenue streams. For secondary markets, such as used bookstores and online resellers, the first-sale doctrine is essential, enabling the existence of vibrant secondary markets for copyrighted goods. Ultimately, the first-sale doctrine reflects a balance between the rights of copyright owners and the rights of consumers, with broader societal implications for access to information, the free flow of commerce, and the preservation of personal property rights.

Related terms

Copyright Exhaustion: The principle that the exclusive rights of a copyright holder are 'exhausted' with respect to a particular copy of a work once that copy has been sold.

Parallel Importation: The practice of importing genuine goods from another country without the permission of the intellectual property owner, taking advantage of the first-sale doctrine.

Digital First-Sale Doctrine: The debate around whether the first-sale doctrine should apply to digital works, which are often licensed rather than sold outright.