What is the first sale doctrine?

The first sale doctrine is a fundamental principle in copyright law that allows individuals to resell legally purchased copyrighted works without permission from the original copyright owner. This doctrine applies to a wide range of items such as books, CDs, DVDs, and other physical copies of copyrighted works. It essentially grants owners of legally purchased copies the right to dispose of the physical copy as they see fit, including selling it to a third party.

Implications of the first sale doctrine

The first sale doctrine has significant implications for the resale market. It empowers consumers by providing them with resale rights, enabling them to recoup some of the value of their purchases by selling them to others. This aspect of the doctrine supports the existence of a thriving secondary market for copyrighted works, where individuals can buy and sell pre-owned items legally.

However, the first sale doctrine does not extend to digital copies of copyrighted works, as these are typically licensed rather than sold. This limitation has led to ongoing debates about the intersection of intellectual property rights and consumer rights, particularly in the context of digital goods.