17.26 Copyright-Affirmative Defense-First Sale is a legal defense to a copyright infringement claim. This defense applies when a person is accused of violating the copyright owner's exclusive rights, such as reproduction, distribution, or public performance. The defense is based on the principle that the defendant only sold or distributed lawfully-acquired copies of the copyrighted work. There are two types of 17.26 Copyright-Affirmative Defense-First Sale: (1) the “first sale” defense and (2) the “affirmative defense.” The “first sale” defense applies when the defendant acquired the copyrighted material legally, and then sold or otherwise distributed it without the permission of the copyright owner. The “affirmative defense” applies when the defendant acquired the copyrighted material legally, but then reproduced, distributed, or publicly performed it without the permission of the copyright owner.
17.26 Copyright-Affirmative Defense-First Sale
Description
How to fill out 17.26 Copyright-Affirmative Defense-First Sale?
If you’re searching for a way to properly complete the 17.26 Copyright-Affirmative Defense-First Sale without hiring a lawyer, then you’re just in the right place. US Legal Forms has proven itself as the most extensive and reputable library of formal templates for every private and business situation. Every piece of documentation you find on our online service is created in accordance with nationwide and state laws, so you can be sure that your documents are in order.
Follow these straightforward guidelines on how to obtain the ready-to-use 17.26 Copyright-Affirmative Defense-First Sale:
- Ensure the document you see on the page corresponds with your legal situation and state laws by examining its text description or looking through the Preview mode.
- Enter the document name in the Search tab on the top of the page and choose your state from the dropdown to locate another template if there are any inconsistencies.
- Repeat with the content verification and click Buy now when you are confident with the paperwork compliance with all the requirements.
- Log in to your account and click Download. Sign up for the service and select the subscription plan if you still don’t have one.
- Use your credit card or the PayPal option to purchase your US Legal Forms subscription. The document will be available to download right after.
- Choose in what format you want to get your 17.26 Copyright-Affirmative Defense-First Sale and download it by clicking the appropriate button.
- Import your template to an online editor to complete and sign it quickly or print it out to prepare your paper copy manually.
Another great thing about US Legal Forms is that you never lose the paperwork you purchased - you can find any of your downloaded templates in the My Forms tab of your profile whenever you need it.
Form popularity
FAQ
The first sale exception provides that when someone lawfully purchases a copy of a copyrighted movie, book, song, computer program or other copyrighted work, the purchaser may generally sell, lease, loan, gift, display or otherwise dispose of his or her copy of the work.
The first sale doctrine is a legal concept in which a product purchase provides the original consumer of copyrighted material with distribution rights ? meaning the right to sell, copy or distribute the product.
Right of First Sale Also known as the "First Sale Doctrine," section 109 of the copyright code allows the owner of a legal copy of a copyrighted work to display, lend, sell, or even dispose of that copy without permission of the copyright owner.
Several cases suggest that in criminal copyright prosecutions, the United States must prove that the copyrighted work was not the subject of a first sale. Other cases, however, hold that the issue of a first sale is an affirmative defense that must be raised by the defendant.
§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
The doctrine is slightly different for the three types of intellectual properties. But, in general, in each case, the first sale doctrine prevents owners/holders of intellectual property rights from controlling what happens to a physical product or work after it is sold.
The First Sale Doctrine stands for the proposition that a person can buy a product and resell that product, using the brand's trademarks without any type of infringement.