Document Type
Note
Publication Date
Winter 2023
Publication Citation
30 Indiana J. Global Legal Studies 375
Abstract
The Copyright Act of 1970 and Directive 2001/29/EC of the European Parliament both guarantee copyright holders’ exclusive rights of reproduction and distribution of their copyrighted material. Starting from a similar statutory basis, United States and European Union courts have diverged in their interpretation of these protections with respect to the first sale rule for digital goods. This paper analyzes the treatment of such “digital exhaustion” arguments under copyright law between the two legal systems from both the statutory interpretations employed and the policy rationales considered. The paper concludes by discussing the implications of adoption of digital exhaustion, within international law, for both copyright holders and consumers alike.
Recommended Citation
Niemi, Seth
(2023)
"Managing Digital Resale in the Era of International Exhaustion,"
Indiana Journal of Global Legal Studies: Vol. 30:
Iss.
1, Article 14.
Available at:
https://www.repository.law.indiana.edu/ijgls/vol30/iss1/14
Included in
Comparative and Foreign Law Commons, European Law Commons, Intellectual Property Law Commons, Science and Technology Law Commons