Tabberone is pronounced tab ber won not tay ber own

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This information is taken directly from the court opinion. It is not taken out of context nor is it altered.

From American Intl Pictures v Evan H Forman, 576 F.2d 661 (5th Cir 1978)

Except for the issue of which party must bear the burden of proof, the law surrounding the first sale doctrine is clear. The exclusive right to vend a copy of a copyrighted work extends only to the first sale of that copy. See Fawcett Publications, Inc. v. Elliot Publishing Co., 46 F.Supp. 717 (S.D.N.Y.1942). After the first sale of a copy the copyright holder has no control over the occurrence or conditions of further sales of it. See, e. g., Independent News Co. v. Williams, 293 F.2d 510 (CA3, 1961); Harrison v. Maynard, Merrill & Co., 61 F. 689 (CA2, 1894). Even if the copyright holder places restrictions on the purchaser in a first sale (such as specifying the permissible uses of the article), the buyer's disregard of the restrictions on resale does not make the buyer or the person who buys in the secondary market liable for infringement. See, e. g., Burke & Van Heusen, Inc. v. Arrow Drug, Inc., 233 F.Supp. 881 (E.D.Pa.1964). The first sale thus extinguishes the copyright holder's ability to control the course of copies placed in the stream of commerce.