(Alexandria, Virginia) — Chairman Jim Martin, leader of the non-partisan, 7.2 million-strong 60 Plus Association, today released the following statement opposing proposals to create a new “first sale” doctrine for online content, which would chill the incredible investment and innovation in the marketplace. 60 Plus has been an active voice in defense of intellectual property rights because of their support of free-market principles that drive prosperity and income security for seniors and working families.
“The ‘first sale’ doctrine, created in 1908, is a limited exception to a copyright owners’ right to authorize distribution of their work. It’s what allows consumers to resell their used physical books, DVDs and CDs. This makes sense in the physical world where the inherent limitations of physical objects (e.g. they are limited in number, costly to reproduce and transport, and decay with age) enables a complementary secondary market. This does not make sense for intangible content where none of those limitations apply. In the online space, where copies of intangible content are identical to originals, never decay, and are virtually costless to reproduce and transport, creation of a new first sale doctrine would destroy the primary market and discourage investment, innovation and creation.
“Moreover, the marketplace for content online is one of the most innovative and dynamic on earth. Today, there are more than 100 legal services for video and over 90 for music offering consumers flexible and convenient ways to access the content they love through streaming, download, subscription and other business models. There can simply be no justification for imposing turn of the century regulation on this exciting, dynamic market.
“Therefore, on behalf of our more than 7.2 million senior supporters, 60 Plus calls on Congress to resist proposals to impose a new ‘first sale’ doctrine on intangible content and preserve the rights of creators and innovators to offer consumers compelling content in new and innovative ways.”
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