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Old 2008-12-28, 9:30am
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artic^wolf artic^wolf is offline
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Join Date: Feb 08, 2008
Location: south jersey
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Pam, I believe (and I have not found actual case law on this) that the First Sale Doctrine would be found in court to apply to one person "the purchaser" not to my directing or employing others to create the design, hence mass production. I think it is a reasonable conclusion, although I have been unable to find a legal definition of mass production.

I also don't think that all copyright rights are extinguished through either First Sale Doctrine or the Doctrine of Exhaustion. The original designer retains their original copyright that the design is theirs. For example: If I bought a tutorial on your gorgeous dragon, made and sold it...I could not also claim it as my original design. This is why most lawyers who have written opinions on the subject always include the addition of the original author's name. The following lawyer makes my point, much clearer,lol.

http://www.tabberone.com/Trademarks/...lArticle.shtml

Now she mentions that some state statutes go further, in actually saying the original designer needs to be noted. I do not know which states provide for that. I also would be interested in how the state of origin for the article would effect the sale of the article out of state.

Again I'm not a lawyer, but I feel there is enough info to support that the original rights of copyright would be altered by selling the knowledge in the form of articles, books, and tutorials.
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