Ads
related to: first sale doctrine copy copyright and trademark
Search results
Results from the WOW.Com Content Network
The first-sale doctrine (also sometimes referred to as the "right of first sale" or the "first sale rule") is a legal concept that limits the rights of an intellectual property owner to control resale of products embodying its intellectual property. The doctrine enables the distribution chain of copyrighted products, library lending, giving ...
See also Exhaustion of intellectual property rights for a general introduction not limited to U.S. law.. 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.
The exhaustion of intellectual property rights constitutes one of the limits of intellectual property (IP) rights. Once a given product has been sold under the authorization of the IP owner, the reselling, rental, lending and other third party commercial uses of IP-protected goods in domestic and international markets are governed by the principle.
A daily look at legal news and the business of law: Autodesk Wins Appeal: Software Is Licensed, Not Sold Timothy Vernor ran a store on eBay where he sold secondhand software, including products by ...
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."
A copyright cannot be granted to a non-citizen whose country has not been acknowledged as in a reciprocal copyright arrangement with the United States by a formal presidential proclamation. Because the non-citizen is not granted a copyright, they cannot assign a copyright for a work to a citizen of a country with American copyright privileges.
This practice was legal, thanks to the first-sale doctrine which allows anyone to distribute an instance of a copyrighted work that they have legally purchased. To stop the rental of software, the United States Congress was lobbied by the Software Publishers Association , as well as Microsoft , the WordPerfect Corporation , and Nintendo.
The first-sale doctrine is known as exhaustion of rights in other countries and is a principle which also applies, though somewhat differently, to patent and trademark rights. While this doctrine permits the transfer of the particular legitimate copy involved, it does not permit making or distributing additional copies. In Kirtsaeng v.
Ads
related to: first sale doctrine copy copyright and trademark