posted on October 20, 2000 10:54:30 AM newkellyb1, the First Sale Doctrine applies to domestic sales as well as foreign sales. Please read the actual case
http://supct.law.cornell.edu/supct/html/96-1470.ZS.html which states:
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"One of those limitations is provided by §109(a), which expressly permits the owner of a lawfully made copy to sell that copy “[n]otwithstanding the provisions of [§]106(3).” After the first sale of a copyrighted item “lawfully made under this title,” any subsequent purchaser, whether from a domestic or a foreign reseller, is obviously an “owner” of that item. Read literally, §109(a) unambiguously states that such an owner “is entitled, without the authority of the copyright owner, to sell” that item"
End Quote
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"HISTORICAL AND REVISION NOTES
HOUSE REPORT NO. 94-1476 Effect on Further Disposition of Copy or Phonorecord. Section 109(a) restates and confirms the principle that, where the copyright owner has transferred ownership of a particular copy or phonorecord of a work, the person to whom the copy or phonorecord is transferred is entitled to dispose of it by sale, rental, or any other means."
End Quote
The First sale Doctrine is found in Title 17, section 109(a) of the United States Code entitled Sec. 109. Limitations on exclusive rights: Effect of transfer of particular copy or phonorecord. http://www4.law.cornell.edu/uscode/17/ and states:
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(a) "Notwithstanding the provisions of section 106(3), the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord"
End quote
The Supreme Court ruling in the case of Quality King Distributors, Inc. v. L'anza Research International, Inc., 1998 WL 96265 (U.S. Cal.) reinforced the law of the First Sale Doctrine to include foreign sales.
posted on October 20, 2000 02:33:20 PM new
Bhearsh,
Thanks for the links! It does help to see the entire case. It's also a great site.
MrP: I have service award pins that I consider to be my property, but the security and cast members at Disneyland all verified that Disney considers the awards pins to be their property. If this is true, why hasn't Disney closed down the sales on ebay?
I think it has something to do with CM's contracts stating that awards are given to CM but may not be resold.
Disneyland really was a different place before Walt died.
