The first-sale doctrine is a principle that allows individuals to freely transfer or sell physical copies of items such as books or CDs without legal repercussions. This means that the creator of the purchased item cannot prevent its sharing with others. The same principle applies to patented items, meaning that the inventor cannot restrict your use, repair, or sale of the item after purchase. However, there may be certain restrictions outlined in the contract or licence agreement.
The first-sale doctrine is a legal principle that applies to copyright and patent law. It grants the purchaser of a copyrighted work or patented article the right to sell or give away that copy without infringing on the owner’s exclusive distribution rights. In copyright law, this means that if you buy a book or CD, you can legally sell or give it to someone else. The copyright owner’s distribution right is considered exhausted for that physical copy, so they cannot control what happens to it after it is sold. Similarly, in patent law, the first-sale doctrine allows you to use, repair, and resell a patented article without interference from the patent owner. The patent owner’s monopoly right over the article is exhausted with the first sale. However, the patent owner may still have some control over the article through terms in the licence or sale contract, as long as they do not amount to anticompetitive patent misuse.
The first-sale doctrine is a legal principle that allows the purchaser of a copyrighted work to resell, display, or otherwise dispose of that particular copy without the permission of the copyright owner.
The first-sale doctrine traditionally applies to physical copies of copyrighted works, such as books or CDs. However, there is ongoing debate about whether it should also apply to digital goods, such as e-books or MP3s.
Yes, the first-sale doctrine allows you to sell or give away a used video game that you legally purchased.
The first-sale doctrine generally applies to goods that are lawfully made and acquired in the United States. However, there are some exceptions for imported goods.
The first-sale doctrine allows you to rent out DVDs or Blu-rays that you legally purchased, as long as you are not making copies of the original work.
Yes, the first-sale doctrine allows you to lend a book to a friend as long as you are not making copies of the book.
The first-sale doctrine generally applies to physical copies of copyrighted works, including artwork. However, there are some limitations for original works of art.
Yes, the first-sale doctrine allows you to resell a textbook that you legally purchased.
Yes, the first-sale doctrine allows you to donate a CD to a library as long as you are not making copies of the original work.
Yes, the first-sale doctrine allows you to sell a used vinyl record that you legally purchased.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/first-sale-doctrine/
- Modern Language Association (MLA):First-Sale Doctrine. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/first-sale-doctrine/.
- Chicago Manual of Style (CMS):First-Sale Doctrine. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/first-sale-doctrine/ (accessed: May 09 2024).
- American Psychological Association (APA):First-Sale Doctrine. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/first-sale-doctrine/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts