Does the "first sale" doctrine protect against buying fan art and then reselling it?
Question Details: If I were to buy a fan designed marvel inspired T-shirt from ebay.com or redbubble.com. Would it then be legal for me to sell that item to someone else under the protection of the first sale doctrine?
The first sale doctrine only protects you from suits or liability for sale of properly licensed or legal products: i.e. if you bought then resold a licensed shirt. It does not protect against liability for trademark or copyright violation from selling products that themselves infringed on intellectual property. That is because otherwise, everyone could skirt the IP laws by "selling" their infringing products to a third party for a nominal fee, then having the third party sell it publically.
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