The First Sale Doctrine
This doctrine embodies a limitation on the distribution right. Under this doctrine, a person who purchases a copy of a copyrighted work can sell, lend or lease that copy without the permission of the copyright owner. This provision does not apply to the rental or leasing of sound recordings. However, sound recordings can be rented or leased for non-profit purposes by a non-profit library or educational institution. This provision responds to concerns that the first sale doctrine would enable people to rent a record and copy it on to a blank tape thereby displacing record sales.
Recent Blog Posts
- Atlantic Records Reaches Digital/Physical Tipping Point
- Radiohead Reveals In Rainbows Sales Data
- THIS MONDAY: Copyright Tutorial for Musicians in Rochester, NY
- Reflections on the 10th Anniversary of the Sonny Bono Act
- Music Label Shut Down for [not] Infringing Itself
- Looking Back at Five Years of RIAA Litigation
- Of Dancing Babies and Overzealous Takedowns: When “fair use is hard!” doesn’t cut it
- Is Home Taping Killing Music or is the Music Industry Killing Home Taping?
- New York State Court Holds That Fair Use Applies to Sound Recordings
- Cablevision remote DVR case sets the standard: Copyright Office should follow suit
