From The Art and Popular Culture Encyclopedia
The first-sale doctrine is a limitation on copyright that was recognized by the Supreme Court of the United States in 1908 (see Bobbs-Merrill Co. v. Straus) and subsequently codified in the Copyright Act of 1976, Template:UnitedStatesCode. The doctrine allows the purchaser to transfer (i.e., sell, lend or give away) a particular lawfully made copy of the copyrighted work without permission once it has been obtained. This means that the copyright holder's rights to control the change of ownership of a particular copy ends once ownership of that copy has passed to someone else, as long as the copy itself is not an infringing copy. This doctrine is also referred to as the "right of first sale," "first sale rule," or "exhaustion rule."
In other jurisdictions, notably France, and, following this example, the European Union, there is no right of first sale for works of art, but instead there is the droit de suite, allowing artists to receive a fee from resale of works of art.
- Copyright infringement
- Droit de suite – contrary policy in French and EU law as far as regards copyright on works of art
- Exhaustion of rights – A concept in EU law similar to the US "First-sale doctrine" as far as regards patents
- Restrictive covenant
- Digital rights management
- Limitations on exclusive rights: Computer programs
- Vault Corp. v. Quaid Software Ltd.
- Copyright Directive 2001/29/EC including the right to make a copy for private use
- Fair use