Doctrine of First Sale
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The doctrine of first sale, also known as exhaustion of rights, is a legal principle within copyright law that allows the lawful owner of a copy of a copyrighted work to sell, lend, or otherwise dispose of that particular copy without the permission of the copyright owner.
Transfer of ownership: Once the copyright owner or his authorised licensee sells or otherwise transfers ownership of a particular copy of a copyrighted work, he no longer has control over that specific copy.
Distribution rights: The doctrine of first sale applies to physical copies of works such as books, CDs, DVDs, and other tangible mediums. It allows the purchaser to resell, lend, or give away his copy of the work without infringing the copyright owner's exclusive distribution rights.
Limitations: The doctrine of first sale does not extend to making unauthorised copies of the copyrighted work. It only applies to the specific copy that was lawfully obtained.
Digital works: The application of the doctrine of first sale becomes more complex in the context of digital works, such as e-books, digital music, or software. Digital distribution often involves licences rather than outright sales, and the terms of the licence agreement may restrict the ability to transfer or resell the digital copy.
Importation and parallel imports: The doctrine of first sale may also impact the importation of copyrighted works. It can allow for the importation of legally acquired copies from other countries where the work is available at a lower price or before its official release.
The doctrine recognises that once the copyright owner has authorised the first sale or distribution of a copy of his work, he has exhausted his exclusive distribution rights with respect to that specific copy. However, it is important to note that the doctrine of first sale is not universally recognised in all jurisdictions, and the specific scope and limitations of the doctrine can vary.
Transfer of ownership: Once the copyright owner or his authorised licensee sells or otherwise transfers ownership of a particular copy of a copyrighted work, he no longer has control over that specific copy.
Distribution rights: The doctrine of first sale applies to physical copies of works such as books, CDs, DVDs, and other tangible mediums. It allows the purchaser to resell, lend, or give away his copy of the work without infringing the copyright owner's exclusive distribution rights.
Limitations: The doctrine of first sale does not extend to making unauthorised copies of the copyrighted work. It only applies to the specific copy that was lawfully obtained.
Digital works: The application of the doctrine of first sale becomes more complex in the context of digital works, such as e-books, digital music, or software. Digital distribution often involves licences rather than outright sales, and the terms of the licence agreement may restrict the ability to transfer or resell the digital copy.
Importation and parallel imports: The doctrine of first sale may also impact the importation of copyrighted works. It can allow for the importation of legally acquired copies from other countries where the work is available at a lower price or before its official release.
The doctrine recognises that once the copyright owner has authorised the first sale or distribution of a copy of his work, he has exhausted his exclusive distribution rights with respect to that specific copy. However, it is important to note that the doctrine of first sale is not universally recognised in all jurisdictions, and the specific scope and limitations of the doctrine can vary.
