Limitations
The first sale doctrine only limits copyright holders' distribution right. However, occasionally this principle clashes with the copyright owner's other rights such as reproduction and adaptation rights. For example, in Lee v. A.R.T. Co., the defendant bought plaintiff's artworks in the form of notecards and then mounted them on ceramic tiles, covering the artworks with transparent epoxy resin. Despite plaintiff's assertion of violation of his adaptation right, the 7th Circuit held that the adaptation right was not violated and that defendant's sale of the tiles was protected under the first sale doctrine. However, based on very similar facts, the 9th Circuit in Mirage Editions, Inc. v. Albuquerque A.R.T. Company held that plaintiff's adaptation right was infringed and that the first sale doctrine did not protect the defendant under such circumstances.
Read more about this topic: First-sale Doctrine
Famous quotes containing the word limitations:
“The only rules comedy can tolerate are those of taste, and the only limitations those of libel.”
—James Thurber (1894–1961)
“To note an artist’s limitations is but to define his talent. A reporter can write equally well about everything that is presented to his view, but a creative writer can do his best only with what lies within the range and character of his deepest sympathies.”
—Willa Cather (1876–1947)
“That all may be so, but when I begin to exercise that power I am not conscious of the power, but only of the limitations imposed on me.”
—William Howard Taft (1857–1930)