What is the ‘first sale doctrine’?

The ‘first sale doctrine’ is a legal principle that applies to works of art and other copyrightable works. It states that a copyright holder’s exclusive rights to reproduce or otherwise distribute a work does not extend to the sale of a lawfully made copy of the work after it has been sold and released in the marketplace. In Nebraska, the first sale doctrine was established by the United States Supreme Court in 1908 in the case of Bobbs-Merrill Company v. Straus. This decision established that a copyright owner’s exclusive rights to sell the work terminate upon the first sale of the work. This means that a purchaser of a lawfully made copy of a copyrighted work can resell it or otherwise distribute it without the permission of the copyright holder. The first sale doctrine has been a cornerstone of copyright law since it was established. It has been used to protect the rights of consumers, as well as the rights of authors and publishers who wish to make their copyrighted works available to the public. It has also enabled individuals and businesses to buy, sell, and distribute lawfully made copies of copyrighted works without fear of copyright infringement. Because of the importance of the first sale doctrine, it is important to be aware of when and how it applies to works of art and other copyrighted works. Knowing when it is permissible to resell or otherwise distribute a lawfully made copy of a copyrighted work could be essential to avoiding copyright infringement.

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What is the ‘first sale doctrine’?

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