First Sale Doctrine Put to the Test

Information Today, Vol. 24, No. 9, p. 17, October 2007

3 Pages Posted: 25 Jun 2010

Date Written: October 2007

Abstract

Copyright law’s First Sale doctrine allows libraries to exist. Found at Title 17, Section 109 of the United States Code, the doctrine allows the owner of a particular copy of a work to sell, lend, give away, or destroy his or her particular copy without the permission of the work’s copyright owner. Without this exception, the copyright owner’s right to control distribution of a copyrighted work would serve to prevent libraries from lending their books, or me from selling my old CDs on eBay.

While the First Sale doctrine has been a part of copyright law for nearly 100 years, it is still somewhat controversial. Every time a library lends a book (or DVD, CD, audiobook, etc.) to a patron, it becomes very likely that the patron will not end up purchasing the item. As a result, the copyright owner does not receive any additional income for their creative efforts.

Keywords: copyright law, First Sale doctrine, libraries, lending, right to vend, vending, distribution, digital content, forms, market effects, licensing, duplication

Suggested Citation

Pike, George H., First Sale Doctrine Put to the Test (October 2007). Information Today, Vol. 24, No. 9, p. 17, October 2007, Available at SSRN: https://ssrn.com/abstract=1629928

George H. Pike (Contact Author)

Northwestern University Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States
312-503-0295 (Phone)
312-503-9230 (Fax)

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