Right Of First Sale

The legal impact of the right of First Sale Doctrine has been of little effect in the past few years. Under this doctrine, people can legally share copies of music online. While the legal effects of the Right of First Sale Doctrine may be minimal, the opinions are quite varied and passionate. Opponents of the act argue that musicians are not adequately compensated for their work, while supporters argue that the public has a right to use certain forms of cultural artwork.

There are plenty of businesses who work is in question under the Right of First Sale doctrine. The world of technology has made this legal doctrine much more confusing to understand. Opponents of the doctrine say that certain businesses should be shut down as a result of violating the doctrine. For example, there is an online business that views movies and takes out all of the dirty parts. The business will then resell the films to concerned parents. This business has come under attack, because it is unclear whether this act of reselling digital copies of movies is a violation of the Right of First Sale doctrine. While the business has bought out rights to certain movies, this does not make reselling the movies to other parents a completely legal act.

This legal doctrine only explicitly applies to physical copies of artwork. Because it does not apply to digital copies, this means that businesses and unsuspecting customers are violating the Act on a daily basis. The legal repercussions of violating the Act can be very steep. Reproducing a copy of a song and distributing it to others can result in a person being thrown into jail and paying hefty fines. One may have to pay up to $5,000 per each song that has been illegally reproduced without the permission of the recording studio.

Before distributing content or artwork, one should carefully read the conditions of the First Sale Doctrine. The legal impact can be brutal if one is not careful.


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