0.3 Rights, exceptions, and limitations  (Page 9/12)

A separate and nearly universal exception to the rights of a copyright holder is the  first sale doctrine .  The first sale doctrine says that once a consumer has lawfully purchased a copy of a copyrighted work, the copyright holder no longer has the ability to control that particular copy. For this reason, resale, lending, or rental of a lawfully purchased copyrighted work is generally permissible. However, countries can impose certain limitations on these rights. They may restrict or require compulsory licenses for certain uses of copyrighted works. For example, as indicated above, a nation may prohibit the rental of goods that are easily and frequently copied, such as software or phonorecords. Additionally, a nation may require that the author of the work be paid a certain fee upon resale of a copy of a copyrighted work. (This so-called "droit de suite" only exists in a few jurisdictions, and even there only applies to unique works of fine art.)

The operation of the first sale doctrine is less intuitive with digital works. This is because what may seem like normal use from a consumer’s perspective may actually involve the making of additional digital copies. This in turn could be prohibited by the author’s exclusive right of reproduction. For example, if a consumer purchases a CD, she can listen to it on any CD player without worrying about infringing the author’s copyright. She can also, because of the first sale doctrine, lend that CD to a friend who can listen to it on a CD player and then give it back, without worrying about infringing the author’s rights. However, if that same consumer purchases a sound recording online, listens to it, and then emails a copy to a friend, she will have violated the copyright law (even if she deletes her original copy) because the original recording has been “reproduced.” There remains a serious policy question as to whether the first sale doctrine to govern such cases, but as yet that has not occurred.

Library exceptions

Last but not least, the copyright laws of many countries contain exceptions or limitations designed to enable librarians to use copyrighted materials in ways that advance their missions. These provisions vary widely by country. For a thorough review of the library exceptions in limitations in 128 countries, you should consult Kenneth Crews’s  Study on Copyright Limitations and Exceptions for Libraries and Archives .

Set forth below are descriptions of some common situations in which librarians need flexibility in using copyrighted materials, plus summaries of the ways in which many countries deal with those situations.

Allowing library patrons to use the library’s copy machines or other copy equipment

Patrons frequently wish to make copies of excerpts of library-owned materials. Unless the book or article the patron is copying is in public domain, such copying is regulated by the country’s copyright statute. If the copying exceeds the maximum set by other exceptions and limitations, the patron may be committing copyright infringement. In some situations, absent a statutory or other safe harbor, the library could be held secondarily or indirectly liable for allowing the infringement to take place by providing the equipment. (The concepts of secondary and indirect liability will be discussed in more detail in Module 7 .)