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You are a bit confused here

Now you're confusing two issues-- the doctrine of first sale, and
fair use rights. As far as I know, no law has been passed that
has changed the right of first sale:
http://www.lib.ncsu.edu/scc/tutorial/basics2a.html

The First Sale Doctrine
A distinction not always recognized is that ownership of the
physical item, such as a book or a CD, is not the same as owning
the copyright to the work embodied in that item. Under the first
sale doctrine, ownership of a physical copy of a copyrighted
work, like a book, permits lending the item, reselling the item,
disposing of the item, burning the item, and so forth, but it does
not permit copying the item in its entirety. That is because the
transfer of the physical copy does not include transfer of the
copyright to the work. A transfer or assignment of copyright
must be signed and in writing to be valid

And fair use rights:
http://www.lib.ncsu.edu/scc/tutorial/fairuse.html

Fair Use (Overview)
The purpose of the fair use doctrine is to allow limited use of
copyrighted material without requiring prior permission from the
copyright holder. The statute lists four factors to be weighed
when analyzing the proposed use in order to determine whether
it is a fair one. Consideration of all factors is required although
all factors do not have to be in favor of a use to make it a fair
one.


A fair use analysis is necessarily a fact-driven one. Each unique
set of facts regarding a proposed use leads to its own reasoned
conclusion. Reasonable individuals may come to different
conclusions concerning the same set of facts, but the operative
word is "reasonable." If you, as an employee of a nonprofit
educational institution, have made a rational and reasonable, fair
use determination, you are less likely to be targeted for an
infringement lawsuit because of Section 504(c)(2), the "good
faith fair use defense" described later in this section.


The four fair use factors are as follows:


The purpose and character of the use, including whether the use
is of a commercial nature or is for nonprofit educational
purposes;

The nature of the copyrighted work;

The amount and substantiality of the portion used in relation to
the copyrighted work as a whole; and

The effect of the use upon the potential market for or value of
the copyrighted work.

Posted by: tic swayback   Posted on: 07/14/04 You are currently: a Guest | Members login | Terms of Use

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