2 Matching Annotations
- Feb 2014
Section 109(a) sets forth the “fi rst sale” doctrine as follows: “Notwithstanding the provisions of section 106(3) [the section that grants the owner exclusive distribution rights], the owner of a particular copy or phonorecord lawfully made under this title . . . is entitled, without the authority of the copyright owner, to sell or other- wise dispose of the possession of that copy
The first sale doctrine in §107 limits the exclusive distribution rights granted in §106.
These rights are quali- fied, however, by the application of various limitations set forth in the next several sections of the Act, §§107 through 122. Those sections, typically entitled “Limitations on exclusive rights,” include, for example, the principle of “fair use” (§107), permission for limited library archival reproduction, (§108), and the doctrine at issue here, the “first sale” doctrine (§109)
- §107 - the principle of “fair use”
- §108 - permission for limited library archival reproduction
- §109 - the “first sale” doctrine