Limitations
The first sale doctrine only limits copyright holders' distribution right. However, occasionally this principle clashes with the copyright owner's other rights such as reproduction and adaptation rights. For example, in Lee v. A.R.T. Co., the defendant bought plaintiff's artworks in the form of notecards and then mounted them on ceramic tiles, covering the artworks with transparent epoxy resin. Despite plaintiff's assertion of violation of his adaptation right, the 7th Circuit held that the adaptation right was not violated and that defendant's sale of the tiles was protected under the first sale doctrine. However, based on very similar facts, the 9th Circuit in Mirage Editions, Inc. v. Albuquerque A.R.T. Company held that plaintiff's adaptation right was infringed and that the first sale doctrine did not protect the defendant under such circumstances.
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Famous quotes containing the word limitations:
“That all may be so, but when I begin to exercise that power I am not conscious of the power, but only of the limitations imposed on me.”
—William Howard Taft (1857–1930)
“Much of what contrives to create critical moments in parenting stems from a fundamental misunderstanding as to what the child is capable of at any given age. If a parent misjudges a child’s limitations as well as his own abilities, the potential exists for unreasonable expectations, frustration, disappointment and an unrealistic belief that what the child really needs is to be punished.”
—Lawrence Balter (20th century)
“The limitations of pleasure cannot be overcome by more pleasure.”
—Mason Cooley (b. 1927)