The first sale doctrine limits certain intellectual-property control after a lawful copy or item has been sold.
In copyright, the doctrine often allows the owner of a lawfully made copy to resell, lend, or give away that copy without needing permission from the copyright owner. Similar exhaustion ideas can appear in other intellectual-property contexts.
Why the first sale doctrine matters
The doctrine supports ordinary resale and lending markets. Without it, copyright owners could exert much more control over downstream transfers of books, discs, artwork, and other lawful copies.
The limits matter. The doctrine does not usually allow making new copies, distributing unauthorized copies, bypassing license restrictions in every context, or using someone else’s trademark in a misleading way.
Where it appears
First-sale issues appear in used-book sales, libraries, software disputes, online resale, copyrighted goods, imported goods, trademark exhaustion, and conflicts between ownership and licensing language.
How it differs from nearby terms
The first sale doctrine is different from fair use. Fair use can allow certain uses without permission based on a multi-factor analysis. First sale focuses on downstream transfer of a lawful copy or item.
It is also different from licensing. A license may grant permission under stated terms, while first sale may limit control after a lawful sale.
Practical example
A person buys a printed novel from a bookstore. The first sale doctrine generally allows that person to resell the physical book or donate it, even though the person does not own the copyright in the novel.
Related terms
Quick check
First sale concerns control over a lawful copy after transfer. It does not give permission to make new unauthorized copies.