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First Sale Doctrine › Burden-Shifting

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 -
Akerman LLP - Marks, Works & Secrets

First Sale Defense Blocks “Slam Dunk” Copyright Violation

Akerman LLP - Marks, Works & Secrets on

The Ninth Circuit recently addressed the burden of proof applicable to the first sale defense to a copyright infringement claim. That defense provides that, once a copy of a work is lawfully sold or transferred, the new owner...more

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