The First Sale Doctrine and Digital Phonorecords

By: Bob Hyde

This iBrief follows various phonorecord formats to illustrate the specifics of the First Sale doctrine as it applies to digital phonorecords. The author argues that the disposal of a digital phonorecord by means of distribution infringes an author’s exclusive right to reproduce the underlying musical work and this distribution is not subject to First Sale protection.

Cite: 2001 Duke L. & Tech. Rev. 0018