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The First Sale Doctrine

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The First Sale Doctrine

Copyright law’s first sale doctrine might seem straightforward. On its face, it tells us that, after the first sale of a particular object that embodies a copyrighted work, the copyright holder’s rights are exhausted, and the relevant embodiment is therefore free to flow in the stream of commerce. But what happens if the original buyer agrees by contract not to resell? And what if the original sale is not a sale at all, but instead is characterized by the parties as a license? And what if that embodiment is not physical but instead digital? On this edition of the IP Colloquium, we set out to understand the first sale doctrine, tracing its public policy justifications and comparing copyright’s approach to that of antitrust. Guests include UC Irvine’s Tony Reese, Boston University’s Michael Salinger, and George Mason Law Professor Josh Wright. UCLA’s Doug Lichtman hosts.


This entry was posted on Thursday, March 25th, 2010 at 6:01 pm and is filed under Program Discussions. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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One Response to “The First Sale Doctrine”

  1. Tweets that mention The First Sale Doctrine « Intellectual Property Colloquium -- Topsy.com says:
    April 2, 2010 at 8:00 pm

    [...] This post was mentioned on Twitter by Mike Masnick, Bard Higgins. Bard Higgins said: RT @mmasnick: Amazed to find out that there are people out there who think the first sale doctrine is a bad thing. http://bit.ly/9B2YXf [...]

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