What is the ‘first sale doctrine’?

The ‘first sale doctrine’ is a legal principle under California law that states that a copyright holder cannot control a lawfully purchased and legally acquired copy of their work after its initial sale. This means that a person who originally purchased a copy of the work is free to resell or give away the copy, even if the copyright holder does not permit it. This principle applies to all copyrighted works, such as books, films, music, and even paintings. Generally speaking, the copyright holder has the exclusive right to publicly perform or display their work, to reproduce, or to make copies of their work available for sale. However, after the initial sale by the copyright holder, the ‘first sale doctrine’ applies and the rights to control the reselling, distribution, or performance of the work are lost. This has important implications for both the consumers of the copyrighted material and the owners of the material, as the copyright holder’s ability to control the further distribution of the material is significantly decreased. It is important to note, however, that this principle only applies to lawfully purchased copies of copyrighted material. It does not apply to pirated copies of a work, as the ‘first sale doctrine’ does not apply to copyright infringement. In other words, a person cannot obtain a free, pirated copy of a work and then distribute or resell it without the copyright holder’s permission.

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What is the ‘first sale doctrine’?

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