The first sale doctrine says that a copyright owner gets to control only the first transfer of a particular physical copy of the copyrighted work. After that first transfer, the recipient gets to control that physical copy.
This is the doctrine in copyright law that allows you to sell used books and CD’s. It also allows you to sell someone else’s original art or a piece of apparel with a copyrighted textile design on eBay, craigslist, or Amazon.
Public Knowledge’s Position
This doctrine enters a grey area in the digital world, where people are more likely to purchase some sort of digital, software-like version of content, like downloading an e-book for their Kindle, an album from iTunes, or a video game on their XBox.
Public Knowledge works to preserve the first sale in an era of digital ownership.
What you can do to help
- Subscribe to our email list for updates on hot issues and events.
- Donate to Public Knowledge to help us keep our doors open.
- Give policy makers a piece of your mind: act now.
For more information
- Read this blog post on the social and PR aspect of companies digitally blocking the resale of video games
- Read: Software Companies Own Your Hard Drive: Ninth Circuit Rules for Formality Over Function
- Read about our amicus brief in the Costco v. Omega case
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