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.