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Happy 100th Birthday, First Sale Doctrine

Date: Sunday, June 1, 2008 - 5:45pm
Keywords: patents trademarks and copyright, United States

On June 1, 1908, 100 years ago today, the US Supreme Court decided Bobbs-Merrill v. Straus, a case that established what would become known as the "first sale doctrine". This doctrine, now codified as part of the US Copyright Act, says that in general the owners of books or other copyrighted works have the right to dispose of them as they see fit (such as by reselling them, giving them away, or lending them out). The copyright holder can still control the right to make copies, make public performances, or other derivative works. But once a reader has bought a book, they can pass it along as they see fit. (Or keep it, or fold it into little origami shapes for their own amusement. They own it, after all.)

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