What does the first sale doctrine apply to?
The first sale doctrine, codified at 17 U.S.C. § 109, provides 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.
Which of the following qualifies for protection under the first sale doctrine?
The elements of the first sale doctrine can be summarized as follows: (1) the copy was lawfully made with the authorization of the copyright owner; (2) ownership of the copy was initially transferred under the copyright owner’s authority; (3) the defendant is a lawful owner of the copy in question; and (4) the …
What is the doctrine of first sale how should it be applied online?
ABSTRACT—The first sale doctrine in copyright law allows a person who owns a copy of a copyrighted work to sell, lend, or give away the copy to someone else. As licensees, customers are unable to invoke the first sale doctrine and legally resell or transfer their digital content to others.
Does first sale doctrine apply to trademarks?
The first sale doctrine allows the resale of products that constitute or contain someone else’s intellectual property without the owner’s permission, as long as the person lawfully owns the product. The first sale doctrine is codified in U.S. copyright law, and court decisions have applied it to trademarks.
Does first sale doctrine apply to digital media?
Digital First Sale is an issue in copyright law that applies to the use of digital content. When it comes to creative works, like books, the First Sale Doctrine in U.S. copyright law gives people the right to give, lend, and sell their copies of copyrighted works. But that is not the case for digital content.
How many copyright strikes can you get on Etsy?
3 strikes
Etsy has a 3 strikes and you’re out policy.
Does first sale doctrine apply to digital?
Digital First Sale is an issue in copyright law that applies to the use of digital content. When it comes to creative works, like books, the First Sale Doctrine in U.S. copyright law gives people the right to give, lend, and sell their copies of copyrighted works.
What is first sale rule?
The First Sale rule allows importers to use the price paid for goods by a “middleman” or first purchaser, as opposed to the price paid by a later buyer, for valuation purposes. This typically results in a lower valuation for the goods, which means the importer will pay less duties.
Is first sale doctrine an affirmative defense?
Tex. 2009) (identifying first sale as affirmative defense and placing burden on defendant to prove that the defense applies).
Does first sale doctrine apply to software?
The US Court of Appeals for the Ninth Circuit recently held, in Vernor v. 2 However, the first sale doctrine applies only to the owner of a copy of the copyrighted work, and according to the Ninth Circuit in Vernor, “ownership” of a copy of software can be a more elusive concept than you might think.