[This post authored by FMC Legal Intern Joseph Silver]

The first sale doctrine within American copyright and trademark law has been getting a lot of attention in recent months. A number of federal circuit courts have touched upon this important copyright principle, which says that when a consumer purchases a good on the legitimate marketplace, the law affords them the right to lend, resell and dispose of that item (along with a number of other related uses). However, the first sale doctrine, also known as the exhaustion doctrine, does not permit a purchaser to reproduce, publicly display or perform the work, all of which are exclusive rights held by the copyright holder. Absent a “fair use” defense for consumers, those rules are pretty steadfast. Still, the first sale doctrine is an important limitation on copyright, which allows consumers who have lawfully purchased copyrighted goods to choose how the particular copy they purchased is distributed. This much remains settled. Yet two issues have recently arisen that aren’t so cut-and-dry: whether the first sale doctrine applies to digital goods and whether it applies to goods manufactured internationally.

[This post is by FMC Policy Intern Joe Silver]

If you follow our work, then you probably know that we think there’s a lot to be done to make today’s music marketplace more efficient. The growth of the internet as a global musical delivery device has strained our copyright architecture, likely necessitating new ways of doing business. Which is why you often hear talk about the difficulties of music licensing in today’s networked environment. read more