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First Sale Doctrine Gets Multiple Views In Ninth Circuit

By Stan Soocher
January 26, 2011

The first sale doctrine generally gives “the owner of a particular copy or phonorecord lawfully made under [the Copyright Act], or any person authorized by such owner” the right “without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.” See, 17 U.S.C. '109(a). Recently, there has been a spate of Ninth Circuit rulings on the doctrine ' all of which have implications for the entertainment industry ' from application of '109(a) to computer software buyers, to imported goods, and to promotional CDs that record companies send to disc jockeys and music critics.

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