What is the first sale doctrine in the US?

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The first sale doctrine in the United States is a key principle that allows individuals who purchase a physical copy of a copyrighted work, such as a book, painting, or music album, to resell, lend, or otherwise dispose of that copy as they see fit. This doctrine acknowledges that once a copyright owner sells a copy of their work, they forfeit their exclusive rights regarding the distribution of that particular copy. This means that the first purchaser is under no obligation to seek permission from the original copyright holder to resell or transfer ownership of the physical item they have acquired, provided they are not reproducing the work or making additional copies.

This principle promotes the circulation of cultural and artistic works, allowing for a vibrant secondary market that benefits consumers and encourages the distribution of creative works without undermining the rights of the original creator in terms of ownership over new copies being produced. The first sale doctrine applies specifically to tangible copies and does not extend to digital works or copies, hence reinforcing the distinction between physical and digital rights in copyright law.

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