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The elements of the first sale doctrine can be summarized as follows: (1) the copy was lawfully made with the authorization of the copyright owner; (2) ownership of the copy was initially transferred under the copyright owner's authority; (3) the defendant is a lawful owner of the copy in question; and (4) the defendant's use implicates the ...
The requirement that notice reside in each copy of every edition does not extend to works published and sold abroad only. ... First-sale doctrine: per curiam ...
The "first sale doctrine," basically establishes that when a copyright owner has transferred ownership of a particular copy, the person to whom the copy is transferred is permitted, without the consent of the copyright owner, to sell or otherwise dispose of the possession of that copy."
The exhaustion doctrine, also referred to as the first sale doctrine, [1] is a U.S. common law patent doctrine that limits the extent to which patent holders can control an individual article of a patented product after a so-called authorized sale. Under the doctrine, once an authorized sale of a patented article occurs, the patent holder's ...
But part of the copyright law makes it unclear if the "first sale doctrine" applies when the product is manufactured outside the U.S. and the "first sale" is out of the U.S.
Articles copied for educational use are not necessarily fair use. First case where transformative use was raised as a defense. Advent Sys. Ltd. v. Unisys Corp: 925 F.2d 670, 675-76: 3d Cir. 1991 The sale of software is the sale of a good within the meaning of the Uniform Commercial Code. Downriver Internists v. Harris Corp: 929 F.2d 1147, 1150 ...
The first-sale doctrine, ... display of copies of their works after the first sale by the copyright owner. The owner of a particular copy is entitled to "sell or ...
[6] Because ReDigi did not involve the actual physical copy being transferred but a new copy of the digital file, the court rejected the first-sale doctrine defense. The court reasoned that Capitol's reproduction right was violated when a new copy was created, thereby barring the defense of the first-sale doctrine. [19]