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first-sale and doctrine
Examples of such limitations include the first-sale doctrine in the United States and the doctrine of the exhaustion of rights in the European Union.
However, the 1998 U. S. Supreme Court decision Quality King v. L ' anza protects the reimportation of copyrighted materials under the first-sale doctrine.
While the 1998 Supreme Court decision Quality King v. L ' anza protects the reimportation of copyrighted materials under the first-sale doctrine, textbook publishers have still attempted to prevent the U. S. sale of international editions by enforcing contracts which forbid foreign wholesalers from selling to American distributors.
# REDIRECT first-sale doctrine
The Court's ruling established what came to be known as the " first-sale doctrine ", which was later codified as § 109 ( a ) of the Copyright Act of 1976.
The first-sale doctrine plays an important role in copyright and trademark law by limiting certain rights of a copyright or trademark owner.
The first-sale doctrine creates a basic exception to the copyright holder's distribution right.
However, the owner of the copy of the book will not be able to make new copies of the book because the first-sale doctrine does not limit copyright owner's reproduction right.
After the initial transfer of ownership of a legal copy of a copyrighted work, the first-sale doctrine exhausts copyright holder's right to control how ownership of that copy can be disposed of.
Application of the first-sale doctrine to digital copies of copyrighted works poses difficult policy questions.
Digital copies of copyrighted works do not comfortably fit within the constraints of the first-sale doctrine.
By sending a copy to the transferee, the transferor infringes both the reproduction and distribution rights, but the first-sale doctrine provides no defense to the infringement of the reproduction right.
The question is whether the first-sale doctrine should be retooled to reflect the realities of the digital age.
Thus, applying the first-sale doctrine to digital copies affect the market for the original to a greater degree than transfers of physical copies.
The Copyright Office took the position that the doctrine should not apply to digital copies by stating that " he tangible nature of a copy is a defining element of the first-sale doctrine and critical to its rationale.
However, on July 3, 2012, the European Court of Justice ruled that it is indeed permissible to resell software licenses even if the digital good has been downloaded directly from the Internet, and that the first-sale doctrine applied whenever software was originally sold to a customer for an unlimited amount of time, as such sale involves a transfer of ownership, thus prohibiting any software maker from preventing the resale of their software by any of their legitimate owners.
The court requires that the previous owner must no longer be able to use the licensed software after the resale, but finds that the practical difficulties in enforcing this clause should not be an obstacle to authorizing resale, as they are also present for software which can be installed from physical supports, where the first-sale doctrine is in force.
On the surface, § 602 ( a ), barring unauthorized importation, would seem to clash with the first-sale doctrine, which permits the resale of lawfully made copies.
The issue comes down to whether § 602 ( a ) creates an affirmative right to bar all unauthorized importation, or does the first-sale doctrine limit the reach of § 602 ( a ), thus permitting the resale of at least some lawfully made imported copies.
In 1998 the Supreme Court in Quality King v. L ' Anza found that first-sale doctrine applied to imported goods at least where the imported goods are first lawfully made in the United States, shipped abroad for resale, and later reenter the United States.
A unanimous Supreme Court found that the first-sale doctrine does apply to importation into the US of copyrighted works ( the labels ), which were made in the US and then exported.
Rather, they would be lawfully made under the copyright laws of the other country ; and the first-sale doctrine would therefore not limit the § 602 importation restriction.

first-sale and Netflix
Netflix then rented the DVDs under the legal first-sale doctrine.

first-sale and by
However, in John Wiley & Sons Inc. v. Kirtsaeng ( 2011 ), the 2nd Circuit went further than the 9th Circuit in limiting first-sale doctrine by holding that first-sale doctrine does not apply to goods manufactured abroad, even if they were manufactured and imported into the US with copyright owner's authorization.

doctrine and allows
Hierarchical doctrine was traditionally rejected by Disciples as human-made and divisive, and subsequently, freedom of belief and scriptural interpretation allows many Disciples to question or even deny beliefs common in doctrinal churches such as the Incarnation, the Trinity, and the Atonement.
A significant distinguishing feature of Vietnamese ancestor veneration is that women have traditionally been allowed to participate and co-officiate ancestral rites, unlike in Chinese Confucian doctrine, which allows only male descendants to perform such rites.
Modern communist states, which the People's Republic of China forms an example of, therefore prefer to define a framework of permissible, or even encouraged, criticism and self-determination by inferiors, which would not affect the major state doctrine, but allows the use of professional and expertise-driven knowledge and the use of it for the decision-making persons in office.
Some Reformed theologians have mistakenly used the term " Arminianism " to include some who hold the Semipelagian doctrine of limited depravity, which allows for an " island of righteousness " in human hearts that is uncorrupted by sin and able to accept God's offer of salvation without a special dispensation of grace.
South-Central Timber holds that the market-participant doctrine is limited in allowing a State to impose burdens on commerce within the market in which it is a participant, but allows it to go no further.
And so, in terms of subjects and accidents, as in the phrase " goodness of God ", divine simplicity allows that there is a conceptual distinction between the person of God and the personal attribute of goodness, but the doctrine disallows that God's identity or " character " is dependent upon goodness, and at the same time the doctrine dictates that it is impossible to consider the goodness in which God participates separately from the goodness which God is.
Jury nullification is a constitutional doctrine which allows juries to acquit criminal defendants who are technically guilty, but who do not deserve punishment.
The city might also have acted under the common law doctrine of eminent domain, which allows the government to take private property for public use.
* Tolling ( law ), a doctrine which allows for the pausing or delaying of the running of the period of time set forth by a statute of limitations
Modern naval helicopters are significant weapons platforms, the presence of aviation facilities on RFA ships allows for them to be used as ' force multipliers ' for the task groups they support in line with Royal Navy doctrine.
By claiming that the phenomenal world is not distinct from Dharma, Tendai doctrine allows for the reconciliation of beauty and aesthetics with Buddhist teachings.
In some nations that follow the Westminster system of government, such as the United Kingdom, ex post facto laws are technically possible, because the doctrine of parliamentary supremacy allows Parliament to pass any law it wishes.
Beyond that MCC allows its member churches independence in doctrine, worship, and practice.
This doctrine has been reversed since then and now allows all men, no matter of race or any other factor, to hold the Priesthood as long as they stay worthy to obtain it as is outlined by scriptures and church revelation.
# The doctrine of necessity allows, for example, a surgeon to separate conjoined twins, killing the weaker twin to save the other.
In law, the doctrine of chances is a rule of evidence that allows evidence to show that it is unlikely a defendant would be repeatedly, innocently involved in similar, suspicious circumstances.
Using the doctrine of chances allows a prosecutor to admit evidence of prior " accidents " that can persuade a jury that prior incidents are so similar that it is very improbable that the case at bar is actually accidental.
#* Asserts the Arminian view that Christ's crucifixion allows redemption for the whole worldThis doctrine negates the Calvinist doctrine of limited atonement
The Modern Orthodox movement allows narrow exchanges on social issues while forbidding discussion of doctrine.
The " evolution of dogma " theory ( see Development of doctrine ), much in the manner of Luther ’ s theory of salvation sola fide (' by faith alone ') allows for a constant updating of standards of morality.
However he strenuously campaigned against the doctrine that human personalities can be merged with God, instead likening annihilation to burning by fire which allows the substance to acquire fire like properties while retaining its own individuality.
A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like cases.

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