Hannah Montana vs. the First-sale Doctrine
I bought a Camp Rock sticker from a vending machine on a lark, and found this on the back:
“This product is intended solely for non-commercial home use. No license has been granted to apply this product to decorate articles which will thereafter be sold. Any such use is an infringement of the copyright in the characters portrayed and is specifically prohibited.”
Surely you would be protected by the First-sale Doctrine if you were to stick this sticker on a lunch box and sell it on eBay, providing you called it a “Lunchbox with Hannah Montana Stickers on it” rather than a “Hannah Montana Lunchbox?”
“This product is intended solely for non-commercial home use. No license has been granted to apply this product to decorate articles which will thereafter be sold. Any such use is an infringement of the copyright in the characters portrayed and is specifically prohibited.”
Surely you would be protected by the First-sale Doctrine if you were to stick this sticker on a lunch box and sell it on eBay, providing you called it a “Lunchbox with Hannah Montana Stickers on it” rather than a “Hannah Montana Lunchbox?”
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