First Sale Doctrine

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.

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News & Analysis as of May 22, 2013

U.S. Supreme Court Sides with Monsanto in Seed Patent Case

by Kevin E. Noonan | McDonnell Boehnen Hulbert & Berghoff LLP on 5/17/2013

The Supreme Court ruled unanimously yesterday in favor of Monsanto in Bowman v. Monsanto, a case involving Monsanto’s recombinant, Roundup Ready® seeds. The opinion rejected the arguments from petitioner, Indiana farmer...more

SCOTUS: “First Sale” Doctrine Also Applies to Copyrighted Works Lawfully Manufactured Abroad

by Todd McCormick | Sedgwick LLP on 5/7/2013

In arguably the most important copyright case of the past decade, the Supreme Court of the United States, in a 6-3 decision, held that the “first sale” doctrine protects the right to import and sell gray market goods. Gray...more

Can Digital Goods Ever Lawfully Be Resold? A Legal Perspective...

by JD Supra Law News on 5/2/2013

A recent court case in New York highlights the ever-increasing clash between copyright law designed for real-world, physical goods and a modern world embracing all things digital....more

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

by Knobbe Martens Olson & Bear LLP on 5/2/2013

In This Issue: • Double Patenting Applies With Distinct Inventive Entities • Inducement Judgment Remanded in Light of Akamai • First Sale Doctrine Applies to Sales Made Abroad - Excerpt from Double...more

Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a...

by Farah Bhatti, Philip Nulud | Buchalter Nemer on 4/29/2013

A copyright affords the copyright owner with “exclusive rights”. One such right is “to distribute… copies of [a] copyrighted work”under 17 U.S.C. § 106(3). Under the first sale doctrine, “The owner of a particular...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

by Meg Charendoff, Tal Dickstein, W. Allan Edmiston, David Grossman, Jonathan Neil Strauss, Jonathan Zavin | Loeb & Loeb LLP on 4/22/2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

Federal Court Says No to “Used” Digital Music Marketplace

by Daniel Zlatnik | Morrison Foerster - Social Media on 4/17/2013

Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a...more

Supreme Court Interprets Copyright "First Sale" Doctrine

by Carmen Lo, Stefan Mentzer | White & Case LLP on 4/16/2013

Introduction - On March 19, 2013, in a 6-3 decision, the Supreme Court issued its opinion in Kirtsaeng v. John Wiley & Sons, Inc., holding that the copyright "first sale" doctrine applies to copies of works manufactured...more

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

by Fuerst Ittleman David & Joseph, PL on 4/12/2013

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the Southern District of New...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

by Ropes & Gray LLP on 4/10/2013

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

by Eric Feder, James Rosenfeld | Davis Wright Tremaine LLP on 4/10/2013

A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

by Bloomberg Law on 4/9/2013

April 9 (Bloomberg) -- Joshua Rosenkranz, head of the Supreme Court and Appellate Litigation practice at Orrick, Herrington & Sutcliffe LLP, talks with Bloomberg Law's Spencer Mazyck about obtaining a landmark victory from...more

Intellectual Property Newsletter - March 2013

by King & Spalding on 4/5/2013

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

It’s Illegal to Resell iTunes Songs Online, Court Rules

by Aaron Kase | Lawyers.com on 4/5/2013

Digital music cannot be sold secondhand over the Internet, even if the seller deletes the original file, a federal judge ruled last week....more

Consumers 1, Publishers 0 in Recent Supreme Court Copyright Decision

by Mitchell Tuchman | Womble Carlyle Sandridge & Rice, PLLC on 4/4/2013

Do you manufacture copyright-protected goods in the U.S. for distribution in the American market and abroad for distribution at lower cost elsewhere? The Supreme Court handed down a decision March 19 with the potential to...more

The Interplay Between Digital Media and the First Sale Doctrine

by Richard Raysman | Holland & Knight LLP on 4/3/2013

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

IP Buzz - March 2013

by Venable LLP on 4/1/2013

In this issue: - The Time Is Here: Protecting Your Brands Against New Top-Level Domain Names - Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a...more

IP Update, Vol. 16, No. 3, March 2013

by Sarah Bro, Melissa Nott Davis, Paul Devinsky, Susan Evans, Raymond M. Gabriel, D. Jeremy Harrison, Donna M. Haynes, Sungyong “David” In, John Low, Ulrika Mattsson, Christopher May, more +Christina Ondrick, Alexander P. Ott, Philip Ou, Sara Sunderland, Rose S. Whelan, Bruce Yen, Rita Yoon | McDermott Will & Emery on 3/29/2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

Bernstein Shur Business and Commercial Litigation Newsletter #26

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 3/29/2013

We are pleased to present the 26th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight a recent U.S. Supreme Court decision favoring the emerging gray market, arbitration of...more

Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a Work is...

by Krista Coons, Matthew R. Farley, Martin Saad | Venable LLP on 3/29/2013

The Supreme Court ruled last week in Kirtsaeng v. Wiley, a case that centered on the tension between copyright law’s first sale doctrine, codified at 17 U.S.C. §109(a), and the importation restriction found in 17 U.S.C....more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

by Jonathan Zavin | Loeb & Loeb LLP on 3/28/2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

The Supreme Court Issues A Decision In Kirtsaeng v. John Wiley & Sons Inc,

by Cynthia A. Augello | Cullen and Dykman LLP on 3/28/2013

Following up on our previous blog post addressing Kirtsaeng v. John Wiley & Sons Inc., the Supreme Court recently held, in a 6-3 decision, that the “first sale” doctrine applies to works produced and sold overseas. The...more

U.S. Supreme Court Creates Challenges for International Producers of Copyrighted Works in Kirtsaeng First Sale Doctrine Decision

by Ropes & Gray LLP on 3/28/2013

In a March 19, 2013 decision in Kirtsaeng v John Wiley & Sons, Inc., the Supreme Court turned aside copyright owners’ attempts to draw geographic limits around the application of the “first sale” doctrine, holding that the...more

Supreme Court Applies “First Sale” Doctrine to Foreign-Made Copyrighted Goods

by Christopher Glancy, Stefan Mentzer, Jayashree Mitra PhD | White & Case LLP on 3/27/2013

The Supreme Court ruled in Kirtsaeng v. John Wiley & Sons, Inc. that copyright law does not prohibit the unauthorized importation and sale of copyrighted goods manufactured outside the United States. This decision, which...more

U.S. Supreme Court Applies "First Sale" Copyright Doctrine To Allow Import And Sale Of Gray Goods

by Thomas Dye, Jill Sarnoff Riola | Carlton Fields on 3/27/2013

On March 19, the United States Supreme Court in Kirtsaeng v. John Wiley & Sons, Inc., 2013 WL 1104736, held that the "first sale" doctrine, as codified in the Copyright Act, applies to copyrighted works lawfully manufactured...more

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First Sale Doctrine

U.S. Supreme Court Sides with Monsanto in Seed Patent Case

SCOTUS: “First Sale” Doctrine Also Applies to Copyrighted Works Lawfully Manufactured Abroad

Can Digital Goods Ever Lawfully Be Resold? A Legal Perspective...

Federal Circuit Review - Volume 3 | Issue 4 - April 2013

Protecting Your Products in Light of the U.S. Supreme Court's Holding That A Copyright Owner Only Controls the "First Sale" of a...

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

Federal Court Says No to “Used” Digital Music Marketplace

Supreme Court Interprets Copyright "First Sale" Doctrine

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

Intellectual Property Newsletter - March 2013

It’s Illegal to Resell iTunes Songs Online, Court Rules

Consumers 1, Publishers 0 in Recent Supreme Court Copyright Decision

The Interplay Between Digital Media and the First Sale Doctrine

IP Buzz - March 2013

IP Update, Vol. 16, No. 3, March 2013

Bernstein Shur Business and Commercial Litigation Newsletter #26

Kirtsaeng v. John Wiley & Sons, Inc.: Supreme Court Holds that the First Sale Doctrine Applies Regardless of Where a Work is...

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

The Supreme Court Issues A Decision In Kirtsaeng v. John Wiley & Sons Inc,

U.S. Supreme Court Creates Challenges for International Producers of Copyrighted Works in Kirtsaeng First Sale Doctrine Decision

Supreme Court Applies “First Sale” Doctrine to Foreign-Made Copyrighted Goods

U.S. Supreme Court Applies "First Sale" Copyright Doctrine To Allow Import And Sale Of Gray Goods

'Gray Market' Lawyer: Congress Won't Change Copyright Laws [Video]

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