What is the ‘first sale doctrine’?

The ‘first sale doctrine’ is a concept of copyright law that states that once the copyright holder has sold a copy of their work, they no longer have the exclusive right to control the ability of subsequent owners to distribute or use the work. This doctrine is especially important for businesses in Wisconsin who want to resell copyrighted works within the state. By law, a reseller of a copyrighted work who purchased it from the copyright holder or from an authorized retailer does not need to receive permission from the copyright holder for further distribution or sale of the work. The copyright holder can, however, still prohibit the creation of new copies of the work. The first sale doctrine also applies to digital works, even though these works are typically sold through online sites. A business in Wisconsin can buy a digital work, such as a digital book, from a copyright holder and then resell it. However, they must ensure that the buyer does not make copies of the work. The ‘first sale doctrine’ is a crucial concept of copyright law in Wisconsin that allows businesses to engage in the sale and distribution of copyrighted works without the permission of the copyright holder. It offers businesses and resellers of copyrighted works throughout the state some degree of protection.

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