Monday, January 31, 2011
copyright owner. The first sale doctrine permits you to resell authorized merchandise without any hassles. So if you buy 100 t-shirts that were authorized by Disney, Lady Gaga, or the NFL, you can resell them, no problem. Because infringing shirts are not authorized, their resale is not permitted under the first sale doctrine. The same rule is true for importing in general. You can import non-infringing t-shirts, but you're prohibited from importing infringing ones. As for your website, copyright law (see Section 113c) permits you to post images of the copyrighted merchandise in connection with the sale.