Sherwin Siy

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17 U.S.C. 109


Text of section 109 of title 17, which essentially codifies the first sale doctrine.

Last changed 10 years ago.

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17 U.S.C. 109

Formatting's still a bit wonky, sorry. Anyway, a handful of things that might be worth looking into: 1."lawfully made under this title" is apparently ambiguous (Costco, Kirtsaeng); Also note this seems to mean that if I make a fair use copy (e.g. space-shifting) and then transfer that lawfully-made copy, I'm not infringing. Is that right? 2. "owner" of a copy--can be contracted around by EULAs. change "owner" to "possessor?" Or maybe follow Mazzone's proposal to allow transfers--but that might not need to live in 109. sound recording rental. This is a holdover from record shops that would "rent" albums--alongside blank tapes. Is this wholesale exception-to-the-exception necessary now?

Posted 10 years ago