What is the ‘first sale doctrine’?

The “first sale doctrine” is a legal principle that applies to the sale of copyright-protected works. This principle is recognized in the United States and in Kansas. It applies to both digital and tangible works. Under the first sale doctrine, when a copyright holder sells a work to the public, they surrender their right to control how the work is used or transferred. That means that anyone who buys the work can distribute, display, or transfer ownership of the work without obtaining additional permission from the copyright holder. This legal principle is important to businesses and consumers. It allows businesses to buy, resell, and rent out copyright-protected works without fear of infringing on the copyright holder’s rights. It also allows consumers to resell their purchased works in a secondary market. This increases the value of original works by allowing others to appreciate them. Furthermore, the first sale doctrine creates a balance between copyright holders and consumers. It allows copyright holders to protect their works but also allows consumers to have the rights to do what they wish with their purchased works. This principle can also be used to help consumers avoid copyright infringement.

Related FAQs

What is a commissioning agreement?
What is an ‘alternative dispute resolution’?
How can I get a patent for my artwork?
What legal rights do artists have?
What is the scope of copyright protection for artwork?
What is a consignment agreement?
How do I register my artwork with the U.S. Copyright Office?
What is a ‘chain of title’?
What is the ‘droit de suite’?
What is the Artist-Museum Partnership Act?

What is the ‘first sale doctrine’?

Related FAQs

Related Blog Posts