First Sale Doctrine Secondary Markets Copyright

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

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

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

Kirtsaeng DBA BlueChristine v. John Wiley & Sons

Supreme Court Decision in Kirtsaeng v. Wiley (Copy)

The United States Supreme Court's long awaited decision on owners' rights in Kirtsaeng v. John Wiley & Sons. In its opinion, the high court upheld the first sale doctrine. In the words of media site Boing Boing: "Supreme...more

The First Sale Doctrine Under Copyright Law Update - Kirtsaeng v. John Wiley & Sons [Video]

A copyright case presently before the U.S. Supreme Court called Kirtsaeng v. John Wiley & Sons concerns whether the “first sale doctrine” – which provides that once a copyrighted product is sold it can be re-sold by the...more

Gray Goods Are Red Hot Copyright Issue

You’re in London for business, and you impulsively pick up the newest Harry Potter book in Heathrow for the plane ride, not realizing that this is a limited edition British only version. When you’re done, you try to donate it...more

Last Rights for First Sale Doctrine?

Discussion of first sale doctrine and an upcoming Supreme Court case that will resolve issues pertaining to foreign manufacturing and how that affects the doctrine in copyright law....more

The U.S. Supreme Court Grants Cert to Decide Scope of First Sale Doctrine

The U.S. Supreme Court has granted cert in order to decide an issue of great importance to all businesses involved in manufacturing and distributing products throughout the world, particularly those involved in retailing and...more

Supreme Court to Decide if First Sale Doctrine Permits Importation of Foreign-Made Copyrighted Works Without Authorization

The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit. The Supreme Court of the United States has agreed to hear a case that...more

Parallel Imports and the First Sale Doctrine

Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Under the “first sale” or “exhaustion” doctrine in intellectual property law, a lawful purchaser of a copyrighted, patented or trademarked...more

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