LaFrance's Copyright Law in a Nutshell, 2d by Mary LaFrance

Author:Mary LaFrance
Language: eng
Format: epub
ISBN: 9780314271907
Publisher: West Academic
Published: 2014-01-15T00:00:00+00:00

§ 8.2 The First Sale Rule

Under the first sale rule of § 109, certain exclusive rights of the copyright owner may terminate with respect to a particular copy or phonorecord of a work that has been lawfully made and sold. This principle is sometimes referred to as the exhaustion of rights.

The first sale rule applies only to copies or phonorecords that have been “lawfully made under this title,” a reference to Title 17—i.e., the copyright statutes. Thus, the first sale rule does not apply to infringing copies or phonorecords, since these are not “lawfully made.” Furthermore, as discussed in [C] below, courts have held that the first sale rule does not apply to copies or phonorecords made outside the United States, even if they were made with the consent of the copyright owner.

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