The first sale doctrine is a fundamental principle in U.S. copyright law that allows the lawful owner of a copyrighted item to resell or otherwise dispose of that specific item without the permission of the copyright holder.
Understanding the Core Principle
Codified at 17 U.S.C. 109, the first sale doctrine establishes a critical balance between the rights of copyright creators and the rights of consumers. It dictates that an individual who knowingly purchases a copy of a copyrighted work from the copyright holder receives the right to sell, display or otherwise dispose of that particular copy, notwithstanding the interests of the copyright owner. This means once you legitimately buy a physical book, CD, DVD, or piece of art, you have the right to do what you want with that specific copy, such as lend it, give it away, or resell it, without infringing on the copyright holder's rights.
Key Elements and Practical Insights
The doctrine's application hinges on several crucial elements:
- Lawful Purchase: The copy must have been legitimately obtained from the copyright holder or someone authorized by them.
- Specific Copy: The right applies only to the particular physical copy that was purchased, not to the underlying copyrighted work itself.
- Physical Items: Traditionally, the doctrine primarily applies to physical copies of works. Its application to digital copies remains a complex and evolving area of law.
Practical Examples of the First Sale Doctrine in Action
The first sale doctrine underpins many common activities and industries:
| Scenario | Application of First Sale Doctrine | Explanation |
|---|---|---|
| Selling a used book | Applies | You own the physical book and can resell it to another individual or a used bookstore without needing permission from the author or publisher. |
| Lending a DVD to a friend | Applies | You own the physical DVD and are free to lend it out to others. |
| Reselling a collector's item | Applies | If you purchase a limited edition art print or comic book, you can later resell that specific item, even if its value increases significantly. |
| Public libraries | Applies | Libraries purchase books and other media, then lend them to patrons, which is permissible under the first sale doctrine. |
| Rental businesses | Applies | Businesses that rent out physical copies of movies, video games, or textbooks operate under the protection of this doctrine (though specific rental rights for certain works exist). |
What the First Sale Doctrine Does NOT Cover
It's important to understand the limitations of the first sale doctrine. It does not grant the owner of a copy all rights associated with the copyrighted work. Specifically, it does not provide the right to:
- Reproduce the work: You cannot make unauthorized copies of the work (e.g., burning a copy of a purchased music CD to distribute).
- Create derivative works: You cannot adapt or transform the copyrighted work into a new work without permission.
- Publicly perform or display the work (with exceptions): While you can display your own copy privately, you generally cannot publicly perform a movie, play music in a public setting, or display art for commercial gain without a separate license. The "display" right in the doctrine typically refers to showing the copy itself, not performing the work embodied within it.
- Control the sale of subsequent copies: The doctrine only applies to the specific copy you own; it doesn't give you rights over other copies of the same work.
Importance in Commerce and Culture
The first sale doctrine is crucial for fostering robust secondary markets for copyrighted goods, allowing consumers to resell items they no longer want or need. It also supports the existence of public libraries, used bookstores, and rental services, which in turn promote the dissemination of information and cultural works. Without it, copyright holders could theoretically control every single transaction of their works, significantly hindering accessibility and consumer rights.
