The First-Sale Doctrine in International Intellectual Property Law: Trade in Copyright Related Entertainment Products

Abstract

The first-sale doctrine is a mechanism by which producers coordinate the international distribution of copyright related entertainment products and is the source of much litigation against unauthorised traders in copyright product. This article presents an economic analysis of copyright and the evolution of international intellectual property law. The objective is to highlight a contentious issue in international law; namely, the timing of the exhaustion of the right of first sale, and how this impacts upon trade in entertainment products, particularly sound recordings. The article demonstrates that international conventions, such as TRIPS, do not mandate the adoption of national exhaustion.