Blockbuster Exclusive & First Sale Doctrine

Blockbuster Exclusive & First Sale Doctrine Rodger December 27

It’s a common question: how can I legally rent my DVDs and video games and make money from them on iLetYou?

In US Copyright Law, it’s the First Sale Doctrine which states that after the “First Sale”, you do not have to obtain permission from the copyright owner to sell, rent or exchange your items. It protects consumers, but it’s also what has allowed a strong Rental Economy with stores big and small.

The Blockbuster Exclusive announced with Weinstein Co. attempts to circumvent the First Sale Doctrine by controlling distribution. A MercuryNews Article makes it clear that Blockbuster is not trying to circumvent the First Sale Doctrine, rather trying to control it. They liken the Blockbuster notices on the DVDs to ‘Not For Individual Sale’ on a pack of gum: a deterrent, but not legally binding.

Will this be an effective way to effectively gain exclusivity and control distribution? Anything that restricts customer choice will always be challenged, especially when the law is on your side.

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