phonorecord.” (Emphasis added.)
Thus, even though §106(3) forbids distribution of a copy of, say, the copyrighted novel Herzog without the copyright owner’s permission, §109(a) adds that, once a copy of Her- zog has been lawfully sold (or its ownership otherwise lawfully transferred), the buyer of that copy and subse quent owners are free to dispose of it as they wish.In copyright jargon, the “first sale” has “exhausted” the copyright owner’s §106(3) exclusive distribution right.