What is and is not permitted by the first sale doctrine?

What is and is not permitted by the first sale doctrine?

All that the consumer can do is to dispose of the particular copy that has been purchased. For example, the first sale doctrine does not permit the owner of a book of copyrighted art prints to separate the prints, mount them in frames, and sell them separately. Only the owner of the copy has such rights.

What does the first sale doctrine cover?

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.

Can you contract around first sale doctrine?

If first sale is a gap-filler, then the parties could contract around it, agreeing that the property sold would not be subject to first-sale rights.

Which of the following qualifies for protection under the first sale doctrine?

The elements of the first sale doctrine can be summarized as follows: (1) the copy was lawfully made with the authorization of the copyright owner; (2) ownership of the copy was initially transferred under the copyright owner’s authority; (3) the defendant is a lawful owner of the copy in question; and (4) the …

Does Australia have a first sale doctrine?

It is now the law in Australia that whilst patentees retain the exclusive right to ‘make’ products embodying the claims of a patent, all other exclusive rights are exhausted upon first sale of a patented product unless the patentee expressly imposes conditions on use by way of contract.

Is first sale doctrine an affirmative defense?

Tex. 2009) (identifying first sale as affirmative defense and placing burden on defendant to prove that the defense applies).

What are GREY goods and why is the first sale doctrine important?

The “first sale” doctrine in copyright law allows the owner of a “lawfully made” copy of a copyrighted work to sell or otherwise dispose of that copy without limitations imposed by the copyright owner.

What is the implied Licence doctrine?

According to the implied licence doctrine, the sale of a patented product by or with the consent of the patentee includes an implied licence that the purchaser may use the product as they see fit without infringing the rights of the patentee.

What is the doctrine of exhaustion and why do we need it?

The principle of exhaustion is an established international legal doctrine. It provides that a copyright owner’s right to control copies of their work “exhausts” on its first sale by the copyright owner or with their consent.

Can I resell trademarked goods?

Pursuant to the first sale doctrine, it is generally legal for an individual to resell a trademarked item after it has been sold by the trademark owner in an authorized sale, even if the resale is without the trademark owner’s consent.

Is selling gray market goods illegal?

In the U.S., the sale and distribution of gray market goods that are “materially different” from goods authorized for sale in the United States constitute trademark infringement.

Can a Licence be implied?

An implied licence. More (IP) will arise when the IP owner gives unwritten permission to another to use that IP. An implied licence. More is distinct from an express licence, which will usually be some form of written permission or formal licence agreement.

Begin typing your search term above and press enter to search. Press ESC to cancel.

Back To Top