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Topic: First Sale Doctrine

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	THE FIRST SALE DOCTRINE AND DIGITAL PHONORECORDS
		First Sale is further limited in that it applies only to "a particular * * * phonorecord lawfully made under this title." There are actually two important limitations in this phrase: "particular" and "lawfully made." First Sale allows you to dispose of only the particular copy you own.
		First Sale will also not immunize me if I sold pirate phonorecords I had reproduced from a lawfully obtained copy because each and every reproduction is not the "particular" and "lawfully obtained" copy I was sold.
		First Sale does not allow distribution because there is no transfer of ownership when there is a transfer of possession.
	www.law.duke.edu /journals/dltr/articles/2001dltr0018.html (4285 words)

	[No title]
		Section 109(a) is often re- ferred to as the "first sale doctrine," because it is generally viewed as providing that the copyright owner's sale of a copy of his work terminates his right to control distribution of that copy.
		Importation is neither a sale nor a disposal of a copy it is a distinct activity left unaffected by the first sale doctrine.
		Yet if, as petitioner urges, the first sale doctrine extin- guishes the importation right whenever the copies in question were first sold abroad by the copyright owner (or with his authority), the copyright owner's right under Section 602(a) to prevent importation of legitimate copies would be drained of practical signifi- cance.
	www.usdoj.gov /osg/briefs/1996/w961470w.txt (6239 words)

	Copycense: First Sale in the Digital Age (Site not responding. Last check: 2007-11-04)
		Read another way, "first sale" gives the rightful owner of a protected item the right to transfer that item to another person or entity in spite of the copyright owner's exclusive distribution right (which is outlined in Section 106(3)).
		The first sale doctrine is predicated upon the theory that title over the physical item transfers from the copyright owner to another party, yet the copyright remains with the owner.
		Sales of videocassette recorders, blank video tapes, and pre-recorded video tapes all were in the midst of a sharp increase, according to "Circulating Libraries and Video Rental Stores," a 1996 study conducted by Richard Roehl and Hal Varian.
	www.copycense.com /2006/01/communik_first_.html (3936 words)

	copyright@AALL \| First Sale: AALL Copyright Committee
		The "first sale" doctrine says that a person who buys a legally produced copyrighted work may "sell or otherwise dispose" of the work as he sees fit, subject to some important conditions and exceptions.
		The first sale clause was enacted during a time when most copyrighted works were produced in tangible formats that made such works difficult to reproduce accurately on a large scale.
		Section 1201 Comments (first comment period) http://www.copyright.gov/1201/anticirc.html : The U.S. Copyright Office is legally required to analyze whether section 1201's blanket prohibition against circumventing technological measures hampers copyright principles such as the "first sale" doctrine.
	www.aallnet.org /committee/copyright/pages/issues/firstsale.html (783 words)

	Digital Future Coalition
		The common law doctrine pre-dates even the 1909 Copyright Act, and judicial analysis has consistently focused on the scope of the property interest that has been transferred, not the nature of the land or chattel that is the object of that property interest.
		Consistent with their position that the first sale doctrine applies to tangible objects rather than property interests, the Copyright Industry Organizations argue that section 109 provides for the alienability of the material chattel in which digital content is fixed, but not for the alienability of the authorization to access that content.
		This interpretation converts the first sale doctrine into a provision that allows consumers to alienate solely the tangible disc, floppy, or hard drive in which copyrighted content has been fixed, while the copyright owner maintains perpetual control over the right to access and use the encoded content that is fixed therein.
	www.dfc.org /dfc1/Active_Issues/graphic/first_sale.html (3681 words)

	First Sale Doctrine
		If it were not for the first sale doctrine what you just did would be copyright infringement; namely distributing a copyrighted work without the permission of the copyright owner.
		The key to understanding the first sale doctrine is to know that the copyright owner only has right to prevent others from copying and distributing (for free or for profit) copies of a work covered by a valid copyright.
		Although the first sale doctrine is codified at 17 USC 109, there is a significant interplay between copyright law and state contract law.
	www.ipwatchdog.com /first_sale.html (753 words)

	AALL Washington Affairs: Copyright Office Report, October 2000 (Site not responding. Last check: 2007-11-04)
		First, the section permits the owner of a copy of a "computer program" to make an archival copy of that program to guard against the risks of corruption and failure that are inherent in the digital medium.
		The Report concludes that application of the first sale doctrine is conditioned on two factors: (1) ownership of a copy, as opposed to possession under license, and (2) the physical or material nature of the copy.
		First, the Report notes that consumers have not refrained from archival practices that fall outside the current scope of section 117, and no consumer appears to have faced litigation as a result.
	www.ll.georgetown.edu /aallwash/rep10012001.html (4464 words)

	Criminal Resource Manual 1854 Copyright Infringement -- First Sale Doctrine (Site not responding. Last check: 2007-11-04)
		The first sale doctrine, codified at 17 U.S.C. § 109, provides that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner.
		Since the first sale doctrine never protects a defendant who makes unauthorized reproductions of a copyrighted work, the first sale doctrine cannot be a successful defense in cases that allege infringing reproduction.
		Other cases, however, hold that the issue of a first sale is an affirmative defense that must be raised by the defendant.
	www.usdoj.gov /usao/eousa/foia_reading_room/usam/title9/crm01854.htm (407 words)

	``Authority of the copyright owner'' in 1201(a), and First Sale
		In other words, the first sale doctrine states that when a published work is sold, the coypright owner voluntarily parts with the rights of control associated with ownership of a copy, and the purchaser of the DVD acquires the right to display the work to an audience in the physical presence of the copy.
		An alternative reading of the situtation, of course, would be that the first sale doctrine still applies, and that the movie studios have surrendered their right to control private viewing at the sale of a DVD.
		The doctrine of intellectual property misuse first arose in the early 1900s in conjunction with the use of patents.
	cyber.law.harvard.edu /openlaw/dvd/drafts/loc-copy.html (11054 words)

	Comment of Charles Lee Thomason
		Rather the first sale doctrine should be clarified to deal directly with the transactions described in §§106(3) and 109(a), so that its current vague and uncertain application is eliminated.
		Sales or transfers based on purely contractual covenants should trigger the first-sale protection, and so distribution subsequent to the first sale can be on market terms that may be unauthorized by the copyright owner, and free of the CMI provisions.
		A worthwhile revision would be an amendment that requires license grants or sale terms to be stated in certain terms, and that the first sale issue to be decided according to a uniform federal standard.
	www.ntia.doc.gov /ntiahome/occ/dmca2000/CharlesLeeThomason.html (3462 words)

	Medical Library Association: Library Association Comments on DMCA
		The limitation of the distribution right to the first sale, as codified in Section 109 of the 1976 Act, was intended to continue the first sale doctrine established by decisions under Section 27 of the 1909 Act.
		Because the first sale doctrine codified in section 109 of the Copyright Act applies only to lawfully owned copies of a copyrighted work, some suggest this statutory limitation on a copyright owner’s right to control distribution of a copyrighted work beyond the initial sale of copies is inapplicable to licensed works.
		The first sale doctrine should be clarified to ensure that core federal copyright principles associated with interlibrary lending are guaranteed regardless of format.
	mlanet.org /government/dmca/dmcacomments.html (6847 words)

	Will the First Sale Doctrine Disappear
		When software entered the picture and was recognized as a proper subject for the copyright, copyright owners focused new energies on avoiding the first sale doctrine’s limitations on their control over each copy sold.
		This past year, the first sale doctrine was the subject of the hearings conducted by the Register of Copyrights and the Assistant Secretary for Communications and Information.
		Neal emphasized that several library activities are threatened by the loss of a meaningful first sale doctrine in the digital environment.
	www.unc.edu /~unclng/copycorner32Anne.htm (1074 words)

	FWRV Law Firm: Articles of Interest - Entertainment, Matrimonial, and Corporate/SEC Law
		The decision describes this doctrine as providing that once the holder of an intellectual property right consents to the sale of particular copies of his work, he may not thereafter exercise the distribution right with respect to such copies.
		On the other hand, a holding that the first-sale doctrine does limit the right of publicity does not eliminate completely a celebrityâs control over the use of his or her name or image.
		Also, if the first-sale doctrine does place a limitation on the common law right of publicity, it presumably would be construed to place such a limitation on a statutory counterpart as well.
	www.fwrv.com /news/article.cfm?id=100688 (1492 words)

	Copyright Office issues first sale report - Copyright Corner Information Outlook - Find Articles
		The first sale doctrine permits the owner of a copy of a copyrighted work to dispose of that copy without the permission of the copyright owner.
		The first sale doctrine means that the author receives royalties only for the first sale of that copy of a work, but receives no additionally royalties for subsequent sales of the copy.
		The discomfort with the report's analysis is the fact that it fails to recognize the role the first sale doctrine has played in promoting the purposes of U.S. copyright law.
	www.findarticles.com /p/articles/mi_m0FWE/is_1_6/ai_95259467 (858 words)

	Fair Use Network: Copyright 101 - the First Sale Doctrine (Site not responding. Last check: 2007-11-04)
		The "First Sale" doctrine allows members of the public the right to resell or lend copies of works they have purchased.
		First, the First Sale Doctrine permits only the re-distribution of the copy that was purchased.
		Second, the First Sale Doctrine only limits the copyright holder's distribution right, not her rights of reproduction, public performance, public display, or creating derivative works.
	fairusenetwork.org /reference/c-firstsale.php (857 words)

	A Copyfighter’s Musings » 2004 » July » 15
		The problem is, the first sale doctrine only provides an exception to the right to distribute.
		For more on first sale as it applies to digital music in particular with a broader look to other jurisdictions, see the Berkman Center’s iTunes Case Study.
		Regarding first sale in the digital world in general, see this paper by R. Anthony Reese.
	blogs.law.harvard.edu /cmusings/2004/07/15 (698 words)

	COPYRIGHT CORNER
		The first sale doctrine means that the author receives royalties only for the first sale of that copy of a work, but receives no additionally royalties for subsequent sales of the copy.
		Librarians have recognized that the traditional first sale doctrine may not literally apply to digital works, but it certainly should – at least when there is near simultaneous deletion of the digital work from the computer of one who transfers the copy by transmitting it to someone else.
		Copyright holders testified in the hearings against extension of the first sale doctrine to digital works because lending a digital work means that a copy is duplicated rather than that one physical copy is exchanged.
	www.unc.edu /~unclng/copy-corner40.htm (817 words)

	Medical Library Association: Reply Comments of the Library Associations
		First, as conceded by Time Warner, digital transmissions can result in the fixation of a tangible copy.
		The legislative history of section 109(c) demonstrates that the copyright owner’s reproduction right is properly limited for the purpose of allowing consumers to exercise traditional rights in new technological environments.
		The Libraries believe that much of this uncertainty is attributable to lack of consensus regarding the circumstances in which a distribution that has purportedly been made under license is properly construed as a sale.
	www.mlanet.org /government/dmca/dmca_reply02.html (3594 words)

	On the Right to Resell Digital Content
		If the “first sale” doctrine permitted digital content to be resold, one can foresee a thriving secondary market for iTunes songs on Ebay, leading to a considerable increase in the supply of digital songs.
		The preceding analysis demonstrates the impact of extending the “first sale” doctrine to digital content.
		Yet, to exclude digital works from the “first sale” doctrine would be an anachronistic act: it interferes with market dynamics by over-protecting the privilege of the copyright owner at the expense of society.
	www.sims.berkeley.edu /~hqu/papers/204/itunes.html (951 words)

	Digital Future Coalition
		Although this interpretation had not (and, to date, has not) been judicially tested, it is sufficiently plausible to suggest that even before the enactment of the DMCA, "first sale" was a doctrine at risk.
		Specifically, whatever aspects of the doctrine might otherwise have survived and flourished in the digital environment now are threatened by the copyright owners' use of the "anti-circumvention" measures for which new Sec.
		Although such controls are in their infancy, they clearly have the potential to erase any remaining vestiges of "first sale" in current law, where the digital environment is concerned.
	www.dfc.org /dfc1/Active_Issues/graphic/104_study.html (1972 words)

	TH&T \| Publications \| Article Search Results (Site not responding. Last check: 2007-11-04)
		The first sale doctrine arises from the Copyright Act and provides that once a particular copy of a copyrighted work has been sold, the owner of the copy may sell or otherwise dispose of the copy without the permission of the copyright owner.
		In effect, the first sale doctrine operates as a limitation upon the exclusive rights of a copyright owner.
		Finding that these transactions amounted, in reality, to sales, the Court held that under the first sale doctrine Adobe did not have the right to interfere with SoftMan’s distribution of individual copies of the software SoftMan had purchased.
	www.tht.com /pubs/SearchMatchPub.asp?ArticleID=895 (748 words)

	Exceptions Consume the Rule: DVD & The First Sale Doctrine
		The rental component of the First Sale Doctrine gave birth to various rental industries; the most prominent being the rental market for motion pictures on videocassettes.
		Once again, in 1990, the development of technology necessitated legislative action as Congress realized that the copyright owners of computer programs were not realizing the full value of their programs in the first sale of such programs due to the ability to copy such programs.
		Thus, while the videocassette rental industry fights for the continued viability of the First Sale Doctrine and the motion picture industry exploits the exceptions to that doctrine, the doctrine itself is facing its extinction due to worldwide pressures.
	www.rmslaw.com /articles/art65.htm (1164 words)

	Library Letter re: Sections 414 & 417 (First Sale Doctrine) (Site not responding. Last check: 2007-11-04)
		By modifying the First Sale Doctrine, however, this second wholly undebated provision also may undermine the present legal basis of inter-library and patron lending of copyrighted materials.
		At the very least such a change should not occur without detailed analysis of its impact, public debate to bring it to the attention of potentially affected constituencies, and careful consideration of whether this is the best way to achieve the goals of Congress on this issue, whatever they may be.
		It appeared for the first time as part of the final version of H.R. 2281 submitted to the House for action on the suspension calendar, and even on that occasion no reference was made to it in any of the floor statements of the legislation's sponsors. We urge you to reject this controversial provision.
	www.arl.org /info/letters/firstsale.html (858 words)

	Infotech And The Law - First Sale Doctrine Alive And Well
		In a decision that may have surprised some software companies, the Supreme Court reminded the copyright licensing community last month that a doctrine of copyright law known as the "first sale doctrine" is alive and well.
		They are subservient to other provisions of the act, including those protecting fair use, first sale and other limitations on the owner's exclusive rights.
		It expressed some disgust that it was being asked to uphold price discrimination so great that it was economically attractive for a foreign distributor to re-import the items back into the United States for sale at prices less than those available through authorized domestic sales.
	www.riceintegration.com /firstsale.htm (747 words)

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