Re: first sale doctrine

On Wed, 22 Mar 2000, James Rogers <jetan[_at_]ionet.net> wrote:
>
> I imagine that this has been discussed before, and I have just
> missed it, but what happens to the first sale doctrine on the
> internet? If I pay to download the Stephen King thingie from
> it's site, may I presume that I am not as free to give it away
> or loan it as I would be with it's physical counterpart?

The problem is that First Sale applies to the sale of a single copy of a work -- once a licensed copy is sold, the copyright owner can't come back for a second bite of the apple.

However, things are a bit different over the Internet simply because when you give the thingie away or loan it, etc., a new copy of the work is made on the second computer. Also, other copies of the work are made when the thingie is performed, or the like. These new copies are not covered by First Sale of the first copy.

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The preceding was not a legal opinion, and is not my employer's.
Original portions Copyright 2000 Bruce E. Hayden,all rights reserved
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Bruce E. Hayden                      bhayden[_at_]acm.org
Phoenix, Arizona                     bhayden[_at_]ieee.org
                                     bhayden[_at_]copatlaw.com