The Doctrine of First Sale in Indian Copyright Law
The Doctrine of First Sale is an essential concept in Indian copyright law that affects how copyrighted works are distributed after their initial sale. This article explores the significance, legal framework, and implications of this doctrine in India.
What is the Doctrine of First Sale in Indian Copyright Law?
The First Sale Doctrine states that once a copyrighted work is sold, the copyright holder loses control over that specific copy. This allows buyers to resell, lend, or rent their copy without needing the copyright owner’s permission. The doctrine supports a secondary market for books, music, and other physical media.
Legal Framework in India
In India, the Doctrine of First Sale is covered under Section 14(a)(ii) of the Indian Copyright Act, 1957. This section limits the copyright holder’s exclusive right to distribution to the first sale.
Key Judgments
A landmark case, John Wiley & Sons, Inc. v. Prabhat Chandra (2020), highlighted the doctrine’s relevance. The Delhi High Court upheld the resale of imported textbooks, ruling it did not infringe on the publisher’s rights. This decision reinforced the application of the First Sale Doctrine in India.
Why is The Doctrine of First Sale in Indian Copyright Law?
The First Sale Doctrine balances copyright holders’ rights with consumers’ freedom. It prevents copyright holders from maintaining indefinite control over a sold copy, promoting a healthy secondary market for goods.
Steps for Individuals and Businesses
Consumers and businesses should know their rights under the First Sale Doctrine. For those involved in the resale market, understanding these rights can ensure compliance and avoid legal issues. Consumers should recognise their right to resell lawfully purchased items.
The Road Ahead
The First Sale Doctrine continues to be significant in India as it supports secondary markets. However, with the increasing use of digital media, clearer guidelines or new legislation may be necessary to address digital rights.
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