First Sale Doctrine

Anyone who has worked in publishing for any time has hear the words. Lots know that the First Sale Doctrine has something to do with copyright, but many hear just words. Part of the trouble may be that it seems to me to be misnamed — shouldn’t it be the Second Sale Doctrine since it governs actions taking place after the first sale is done and dusted? The Lawtoknow website gets straight down to it: “The First Sale Doctrine is a cornerstone of American copyright law, enshrined in §109 of the U.S. Copyright Act. It limits the rights of copyright holders by permitting the lawful owner of a copyrighted work to resell, lend, or otherwise dispose of that particular copy without the copyright holder’s permission. This doctrine has underpinned practices such as used bookstores, video rentals, and libraries. However, the digital age has introduced formidable challenges to its scope and application.” The wording in the Act is “Under this principle, which has been established by the court…