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First Sale Doctrine Put to the Test
Information Today - Medford
Subjects: United States; Communications & information management; Litigation
Author: Pike, George H
Date: Oct 2007
Start Page: 17
Pages: 2
Abstract (Document Summary)

The first sale doctrine allows libraries to exist. As Title 17, Section 109 of the US Code, the doctrine permits the owner of a 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. An interesting lawsuit, initially filed by Universal Music Group against Troy Augustino (an eBay-based seller of promotional CDs), raised intriguing questions about ownership and the kinds of licensing agreements that have restricted the first sale doctrine. The lawsuit asks the court to examine whether and to what degree a label or license trumps the actual nature of the transaction when applying the first sale doctrine.

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