Category Archives: Doctrine of first sale

Fair use ruling for Richard Prince stands, Supreme Court declines to hear Patrick Cariou’s appeal

The US Supreme Court has declined to hear Patrick Cariou’s appeal requesting a rehearing of his case against Richard Prince. The decision came one week after district court Judge Deborah Batts* accepted amicus briefs from the Andy Warhol Foundation for the Visual Arts and the Rauschenberg Foundation encouraging consideration of the opinions of art historians (...) [Read More]

You Bought It, Now Dispose Of It How You Please

The Supreme Court recently ruled in the case of Kirtsaeng v. John Wiley & Sons, Inc. (Docket No. 11-697) that the copyright “first-sale” doctrine trumps a copyright holder’s right to control distribution of products embodying copyright protected material. The decision has received a fair amount of attention in the legal sphere but less so in (...) [Read More]

Supreme Court: “first sale doctrine” permits sales of used foreign books in US without infringing US copyright owners’ rights

Under the doctrine of “first sale,” owners of objects are permitted to resell them without violating the exclusive right of distribution accorded copyright owners under US copyright law. Last week, the US Supreme Court, the court in Kirtsaeng v. John Wiley found that the doctrine of first sale was not limited to US copyrighted works (...) [Read More]