The “First Sale Doctrine” in the 21st Century

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New Jersey CLE
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About This Course

In the world of digital media, instant file transfer and internet downloading, copyright protection has become a controversial topic. According to the “First Sale Doctrine,” a recent provision in copyright law, the owner of a copy of a copyrighted item has permission to sell or transfer that item. Therefore, the purchaser of an item may legally sell it or give it to another person. However, that provision is not without its exceptions and like most legal provisions, is far more complex than it appears. This CLE course will review all of these issues and exceptions and will cover:

Items manufactured in foreign countries and the Supreme Court decisions pertaining to them
The legal definition of ownership
The First Sale Doctrine’s impact on grey market imports under trademark law
Licensing vs. sales
Conflicting policy issues and international commerce
International policies vs. American Law

Lecturer Bio

Edward H. Rosenthal, Esq.

Edward H. Rosenthal chairs the firm’s Intellectual Property and Litigation Groups. He focuses on intellectual property litigation, emphasizing trademark, copyright, right of publicity, advertising, privacy and publishing matters. His clients include businesses and individuals in the media, advertising, sports, and entertainment fields.

Mr. Rosenthal also has substantial involvement in issues relating to trademark prosecution and enforcement, representing numerous businesses and individuals in protecting and enforcing their intellectual property. He also represents the estates of deceased celebrities, including Humphrey Bogart, and handles licensing work for the estate and other celebrities and companies.

Mr. Rosenthal is currently representing The Authors Guild and a number of other authors' rights associations and individuals in a suit against the HathiTrust arising out of its mass book digitization and orphan works programs. Recently, he defended Fredrik Colting, author of 60 Years Later: Coming Through the Rye, and his U.S. distributor, in a lawsuit brought by J.D. Salinger alleging copyright infringement. Mr. Rosenthal also successfully defended J.K. Rowling and Scholastic Inc., the author and publisher of the Harry Potter books, against claims of copyright and trademark infringement.

Mr. Rosenthal has written and lectured extensively on a wide variety of intellectual property topics. He is a regular presenter to the Practicing Law Institute on the Right of Publicity, and has participated in numerous panels on trademark and copyright law. He was co-editor of Entertainment Law Matters, a blog focused on disputes and developments in the film, television, publishing, theatre, music, art, gaming, and fashion industries. Mr. Rosenthal has also been active in the Copyright Society of the U.S.A. and the International Trademark Association. He serves as co-chair of the Committee on Publicity, Privacy and Media of the New York State Bar Association’s Entertainment and Sports Law Committee and as a member of the Copyright Committee of the New York City Bar.

Prior to joining Frankfurt Kurnit Klein & Selz, Mr. Rosenthal served as a law clerk to Hon. Abraham D. Sofaer in the Southern District of New York and was associated with the New York law firm of Kramer Levin Naftalis & Frankel. He was Adjunct Professor at Fordham Law School (Legal Writing, 1985-1986; Intellectual Property Drafting, 1996).

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The “First Sale Doctrine” in the 21st Century

New Jersey CLEAccreditation Info

About This Course

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