What is the ‘first sale doctrine’?

The ‘first sale doctrine’ is a legal concept in Art Law, particularly in New York. It refers to the principle of copyright law which states that an individual who lawfully purchases or owns a copy of a copyrighted work is allowed to sell, rent, or otherwise dispose of the work without needing permission from the original copyright holder. This doctrine is important especially when it comes to the resale of art and other copyrighted works. For example, a person who buys a painting from an artist can resell it at a higher price without having to get permission from the artist. The artist still retains their copyright over the work, but the buyer has the exclusive right to dispose of the work as they please. The first sale doctrine was first established in 1908 in the United States, and is now seen in most countries across the world. This doctrine ensures that ownership of physical copies of copyrighted works can be transferred between people without infringing on anyone’s copyright. Consequently, it provides balance between the artist’s right to be remunerated for their work, and the ability of individuals to own and resell artwork.

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What is the ‘first sale doctrine’?

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