First Sale Doctrine European Union

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,... more +
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.  less -
News & Analysis as of

Trade in the balance: Europe's new Union Customs Code

The European Union — the world's largest trader of manufactured goods and services — is adopting a new framework of customs rules, the Union Customs Code (UCC). From cutting-edge California mobile devices and Chinese...more

Action needed: new customs rules have potential severe impact on duties payable

As of May 1, 2016, the Union Customs Code (UCC) will come into effect and will replace the current Community Customs Code. The new UCC brings along significant changes in the customs rules which impact importers in the EU....more

Intellectual Property Bulletin - Winter 2016

European Union’s General Data Protection Regulation to Usher in Sweeping Changes Affecting Data Protection and Privacy Practices of European and U.S. Companies - In December 2015 the European Commission published a...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

EU Copyright: No Resale of Digital Content Except for Software? How Does the European Court of Justice Decision on Exhaustion of...

The European Court of Justice (ECJ) has decided that the rule of exhaustion of the distribution right upon first sale (in the U.S. known as the “first sale” doctrine) does not apply to post first-sale alterations to the...more

The Interplay Between Digital Media and the First Sale Doctrine

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

Could Software Imports from Europe Bypass U.S. First Sale and IP Exhaustion Laws?

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine. As a...more

CJEU Rules First Sale Doctrine Applies to Digital Copies of Software in Europe

In an eagerly-awaited judgment, the Court of Justice of the European Union (CJEU) has held that the first sale doctrine applies to digital copies of software sold in the European Union or European Economic Area. In...more

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