After the First Sale: The Commercial Resale and Rental of Phonorecords

This article investigates how external stakeholders influence the first sale of technology-based business-to-business start-up companies. The authors combine entrepreneurship theory with marketing theory to describe the marketing and selling activities of start-ups and how new ventures reach key milestones. The study shows how two start-ups, an e-business firm and a new product development firm, acquired their first customers. The analysis provides a picture of how a network of the firms' founders, board members and owners contributed to their first sales. It also highlights the importance of sales activities, relationships and industrial knowledge. The paper examines the importance of external stakeholders' relative positions in the web of relationships and assesses how relevant these are in affecting outcomes and speed to market. The authors conclude that the first sale follows a time line with three important phases of activities involving credibility, closing and operations. They find that credibility is best obtained through establishing relationships.

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The First Sale Doctrine and the Economics of Post-Sale Restraints

10.31235/osf.io/58a4j ◽

2016 ◽

Cited By ~ 2

Author(s):

Ariel Katz

Keyword(s):

Intellectual Property ◽

Vertical Integration ◽

Common Law ◽

User Innovation ◽

Opting Out ◽

Opt Out ◽

Production And Distribution ◽

First Sale ◽

First Sale Doctrine

The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to situations of parallel importation.This Article provides answers to these unsettled issues. By applying insights from the economics of post-sale restraints, the Article shows that the main benefits of post-sale restraints involve situations of imperfect vertical integration between coproducing or collaborating firms, which occur during the production and distribution phases or shortly thereafter. In such situations, opting out of the first sale doctrine should be permitted. Beyond such limited circumstances, however, the first sale doctrine promotes important social and economic goals: it promotes efficient long-term use and preservation of goods embodying IP and facilitates user-innovation. Therefore, contrary to some other views, I conclude that the economics of post-sale restraints confirm the validity and support the continued vitality of the first sale doctrine.

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Resale Markets for Digital Music

The Oxford Handbook of Music Law and Policy ◽

10.1093/oxfordhb/9780190872243.013.8 ◽

2021 ◽

Author(s):

Aaron Perzanowski

Keyword(s):

Legal Status ◽

Digital Music ◽

Secondary Markets ◽

Legal Principles ◽

Streaming Services ◽

First Sale ◽

First Sale Doctrine

This chapter considers the ways in which the shift to digital distribution of copyrighted works alters the legal status of secondary markets for music. For centuries, the principle of exhaustion and the first sale doctrine have permitted owners of copies to resell or otherwise transfer their purchases. In a market largely defined by licensed digital downloads and streaming services, the application of those legal principles is uncertain. As a threshold matter, consumers may not count as owners for first sale purposes. Moreover, the transfer of digital files may entail acts of reproduction beyond the scope of the statutory first sale doctrine.

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Make the First Sale to Yourself

TKO Sales! ◽

10.1002/9781118256077.ch1 ◽

2011 ◽

pp. 1-10

Keyword(s):

First Sale

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41. Trade mark defences

Intellectual Property Law ◽

10.1093/he/9780198769958.003.0041 ◽

2018 ◽

Author(s):

L. Bently ◽

B. Sherman ◽

D. Gangjee ◽

P. Johnson

Keyword(s):

Trade Mark ◽

Comparative Advertising ◽

Trade Marks ◽

Intended Purpose ◽

Parallel Importation ◽

First Sale ◽

Own Name ◽

Scope Of Protection

This chapter is about the various defences that are available to a person who has been accused of infringing a trade mark under the Trade Marks Act 1994. A prominent limitation on the scope of protection, which operates defensively, is whether the defendant has made a legally relevant use of the mark. Besides this, the defendant is excused if the mark has been used (i) as the defendant’s own name or address, (ii) for descriptive purposes, or (iii) to indicate the intended purpose of a product or service. These threeuses are subject to a proviso testing for whether the use has been in accordance with honest practices in industrial and commercial matters. Additional defences facilitate comparative advertising and permit parallel importation via the exhaustion of the trade mark owner’s rights upon first sale.

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