Legal Definitions - first-sale doctrine

The first-sale doctrine is a fundamental legal principle that limits the exclusive rights of copyright and patent holders once a particular physical copy of their work or invention has been sold. Essentially, once you legally purchase a physical item that embodies copyrighted material or a patented invention, you are generally free to resell, lend, or give away that specific physical item without needing further permission from the original creator or rights holder.

This doctrine applies in two main areas:

• Copyright: For copyrighted works, such as books, movies, music albums, or video games, the first-sale doctrine means that once you buy a physical copy, the copyright owner's right to control the distribution of that particular copy is "exhausted." You can then sell, lend, or give away that physical copy without infringing the copyright.

• Patents: For patented inventions, the doctrine allows the buyer of a patented article to use, repair, and resell that specific article without interference from the patent holder. However, it's important to note that a patent holder might still impose certain controls through specific terms in a license or sale contract, particularly for complex industrial equipment or software.

Here are some examples illustrating the first-sale doctrine:

• Example 1 (Copyright - Used Media): Imagine you purchase a brand-new vinyl record album from a music store. After listening to it for a few months, you decide you no longer want it. Under the first-sale doctrine, you are legally permitted to sell that specific vinyl record to a friend, donate it to a charity shop, or list it for sale on an online marketplace without needing permission from the record label or the artists, and without owing them any further royalties. The record company's right to control the distribution of that particular physical copy was exhausted once you bought it.

• Example 2 (Copyright - Lending Libraries): A public library purchases a new hardcover novel. The library then makes this book available for its patrons to borrow, free of charge. The first-sale doctrine is what allows the library to lend out this physical book repeatedly without having to pay a royalty to the author or publisher for each loan. The library owns that specific copy of the book, and its right to distribute that physical copy (through lending) is protected.

• Example 3 (Patent - Resale of Equipment): A small manufacturing company buys a specialized, patented piece of machinery for its production line. After several years of use, the company decides to upgrade to a newer model. The first-sale doctrine allows the manufacturing company to sell its used, patented machinery to another business or a reseller without needing permission from the original patent holder. The patent holder's rights over that specific physical machine were exhausted when it was first sold to the manufacturing company.