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 Lee v. Deck the Walls, Inc., 925 F.Supp. 576 (N.D.Ill.1996): Since the court finds that the ceramic tiles do not violate the Copyright Act, the only remaining issue is whether ART interfered [page 583] with Annie Lee's exclusive right to distribute its copyrighted work. The court finds that ART did not interfere with any such right. Annie Lee initiated the sale of its art notecards, and ART later legally acquired the notecards. ART then simply resold each notecard -- albeit in a different manner of display -- pursuant to its right, codified at 17 U.S.C. § 109, to sell a legally acquired work. The First Sale Doctrine "provides, in essence, that once the copyright owner has transferred ownership of a particular copy of the work, the person to whom the copy has been transferred is entitled to dispose of it by sale, rental, or any other means." Parfums Givenchy v. C&C Beauty Sales, 832 F.Supp. 1378, 1385 (C.D.Cal.1993) (citing H.R.Rep. No. 1476, 94th Cong., 2d Sess. 79 (1976)). There is no dispute that the first sale of each of the 430 notecards occurred lawfully. DTW received each notecard in exchange for paying Annie Lee the requested fee. DTW later sold the notecards to ART. The First Sale Doctrine allows the party to whom the tiles have been lawfully transferred, ART, to dispose of them by subsequent sale. ART did just that; ART made no changes, alterations, reproductions, transformations, or adaptations of the notecards and, instead, resold the same notecards using a different method of display. This resale is permissible under the Copyright Act.