First Sale Doctrine Reading

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Visual Artists Rights Act

If works meets this requirement, it's not permissible under the first-sale doctrine to destroy a fine art or photographic

limits of first sale doctrine

dispose of the particular copy that has been purchased EX: does not permit the owner of a book of copyrighted art prints to separate the prints, mount them in frames and sell them separately

first sale doctrine

permits the purchaser of a legal copy of a copyrighted work to treat that copy in any way desired, as long as the copyright owner's exclusive copyright rights are not infringed. This means the copy can be destroyed, sold, given away, or rented EX: rental movies

first sale doctrine exceptions

rental of computer programs and sound recordings is prohibited. The sound recording exception is limited to musical works; it does not extend to audiobooks.

Supreme court ruling (2013) for first sale doctrine

ruled that there are no geographic limitations

Kirtsaeng v. John Wiley & Sons, Inc.

student from Thailand purchased books there and sold them in the U.S. Publishers tried to sue him saying the first sale doctrine did not apply to his situation. Supreme court disagreed saying that the copies were lawfully made


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