1. Copyright. The rule that the purchaser of a physical copy of a copyrighted work, such as a book or CD, may give or sell that copy to someone else without infringing the copyright owner’s exclusive distribution rights. • With regard to that physical copy, the copyright owner’s distribution right is said to be exhausted. 17 USCA § 109(a). [Cases: Copyrights and Intellectual Property 38.
5. C.J.S. Copyrights and Intellectual Property §§ 47, 97.]
2. Patents. The principle that the buyer of a patented article has the right to use, repair, and resell the article without interference from the patentee. • The patentee may still retain control of the article through terms in the license or sale contract. See PATENT-EXHAUSTION DOCTRINE.
