Elmer's plans for sale

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Just got a response from the seller. He says he has one set which he got at a garage sale.
It raises an interesting point. Is he like a used book dealer who sells copyright protected work and retains all proceeds with none going to the owner of the copyright. I've often wondered how that is legal.
 
I called my neighbor, the lawyer. Used books and recordings are under the "first sale" doctrine.

"The first-sale doctrine creates a basic exception to the copyright holder's distribution right. Once the work is lawfully sold or even transferred gratuitously, the copyright owner's interest in the material object in which the copyrighted work is embodied is exhausted. The owner of the material object can then dispose of it as he sees fit. Thus, one who buys a copy of a book is entitled to resell it, rent it, give it away, or destroy it. 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. The rationale of the doctrine is to prevent the copyright owner from restraining the free alienability of goods. Without the doctrine, a possessor of a copy of a copyrighted work would have to negotiate with the copyright owner every time he wished to dispose of his copy. 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. For this reason, this doctrine is also referred to as "exhaustion rule.""
 
So if the video I just pirated (hypothetically) from the internet was initially purchased, the copyright protection has been met, and it's all legal now.
 
Sorry,Rick. The doctrine is in regard to the copyright holder getting paid for the first sale of their work. Not the "legality" of copies. Good try,though.
 
As far as I know, all of Elmer's engines are now "Public Domain". That doesn't stop sharp artists from selling them, and it doesn't stop the unknowing from buying them.---Brian Rupnow
 
Copyright controls the PUBLISHING of a work.

By PUBLISHING I mean producing a NEW copy of a work. I can by a legally published copy of a book and use it, loan it, rent it or sell it. I can not produce a new copy of the work without the copyright holders permission to produce, or publish a new copy.

If I produce a work and try to place other restrictions on the use of my work I may in fact, nullify and copyright I would have otherwise had.

Copyright gives the author, and the purchaser/user specific rights. Attempting to alter the conditions on the use of the work may nullify the copyright.
 

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