A Study on the Distribution, First Sale Doctrine, and Fair Use of Digital Copyrighted Works - Focusing on the Recent Korean and the U.S. Cases -

2019 ◽  
Vol 22 (1) ◽  
pp. 63-89
Author(s):  
SOOMEE LEE
Keyword(s):  
Fair Use ◽  
First Sale ◽  
First Sale Doctrine ◽  
The U.S

scholarly journals Controlled Digital Lending

2020 ◽  
pp. 157-165
Author(s):  
Brandon Board ◽  
Karl Stutzman
Keyword(s):  
Fair Use ◽  
Print Books ◽  
Electronic Copy ◽  
First Sale ◽  
First Sale Doctrine

Controlled digital lending is an intriguing model for libraries to make books available digitally. Building on fair use and the first sale doctrine, libraries digitize their print books, put the print books in dark storage, and lend one electronic copy for each print copy on a platform that prevents users from copying or redistributing electronic versions. The concept empowers libraries to digitize in-copyright books when there are no alternatives available in the e-book licensing market. AMBS Library experimented with a small pilot controlled digital lending collection using Internet Archive’s established digitization and controlled digital lending services. This session reported on the results of that experiment.

Libraries

2019 ◽  
pp. 378-397
Author(s):  
Alex Holzman ◽  
Sarah Kalikman Lippincott
Keyword(s):  
Open Access ◽  
Fair Use ◽  
Academic Setting ◽  
Digital Revolution ◽  
Cost Structures ◽  
Library Funding ◽  
University Presses ◽  
First Sale ◽  
First Sale Doctrine

Public and academic libraries have been among the very best customers for publishers. The publisher–library relationship is effectively symbiotic with mutual benefits. However, the digital revolution, changing cost structures, long-term declines in library funding, open access, changes to copyright, fair use, and the first-sale doctrine have unsettled longstanding practices. Perhaps inevitably these transformations have led to libraries experimenting with establishing their own publishing initiatives, helping patrons to publish their own work, or in the academic setting partnering with existing university presses to develop new publishing models. The responsibility for curation, previously largely resting with libraries, has now become a responsibility shared to varying extents with publishers. —However, the way publishers and libraries interact is changing—considerably.

scholarly journals The First Sale Doctrine and the Economics of Post-Sale Restraints

2016 ◽  
Author(s):  
Ariel Katz
Keyword(s):  
Intellectual Property ◽  
Vertical Integration ◽  
Common Law ◽  
User Innovation ◽  
Opting Out ◽  
Opt Out ◽  
Production And Distribution ◽  
First Sale ◽  
First Sale Doctrine

The first sale doctrine limits the exclusive rights that survive the initial authorized sale of an item protected by intellectual property (IP) rights, and therefore limits the ability of IP owners to impose post-sale restraints on the distribution or use of items embodying their IP. While the doctrine has deep common law and statutory roots, its exact rationale and scope have never been fully explored and articulated. As a result, the law remains somewhat unsettled, in particular with respect to the ability of IP owners to opt-out of the doctrine and with respect to the applicability of the doctrine to situations of parallel importation.This Article provides answers to these unsettled issues. By applying insights from the economics of post-sale restraints, the Article shows that the main benefits of post-sale restraints involve situations of imperfect vertical integration between coproducing or collaborating firms, which occur during the production and distribution phases or shortly thereafter. In such situations, opting out of the first sale doctrine should be permitted. Beyond such limited circumstances, however, the first sale doctrine promotes important social and economic goals: it promotes efficient long-term use and preservation of goods embodying IP and facilitates user-innovation. Therefore, contrary to some other views, I conclude that the economics of post-sale restraints confirm the validity and support the continued vitality of the first sale doctrine.

Resale Markets for Digital Music

2021 ◽  
Author(s):  
Aaron Perzanowski
Keyword(s):  
Legal Status ◽  
Digital Music ◽  
Secondary Markets ◽  
Legal Principles ◽  
Streaming Services ◽  
First Sale ◽  
First Sale Doctrine

This chapter considers the ways in which the shift to digital distribution of copyrighted works alters the legal status of secondary markets for music. For centuries, the principle of exhaustion and the first sale doctrine have permitted owners of copies to resell or otherwise transfer their purchases. In a market largely defined by licensed digital downloads and streaming services, the application of those legal principles is uncertain. As a threshold matter, consumers may not count as owners for first sale purposes. Moreover, the transfer of digital files may entail acts of reproduction beyond the scope of the statutory first sale doctrine.

2. Copyright, culture, and commerce

2017 ◽  
Author(s):  
Siva Vaidhyanathan
Keyword(s):  
Current System ◽  
Regulatory System ◽  
Copyright Law ◽  
Fair Use ◽  
Fair Dealing ◽  
The World ◽  
First Sale ◽  
Creative Environment

Copyright is the most pervasive cultural regulatory system in the world. In recent decades, copyright law has become stronger, covers more activities, restricts more uses, and lasts longer than ever before. Is the current system the best possible system for the current and future creative environment? And are the benefits of the copyright system justly distributed or do the wealthy and powerful continue to reap the bulk of the rewards for it at the expense of everyone else? “Copyright, commerce, and culture” considers what copyright does, and the four major limits of copyright—expiration, fair use or fair dealing, first sale, and the idea/expression dichotomy.

First Sale or Exhaustion Doctrine

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Great Part ◽  
Technological Environment ◽  
Property Theory ◽  
Personal Property ◽  
Other Information ◽  
Information Products ◽  
First Sale ◽  
First Sale Doctrine

This chapter describes how courts and lawmakers struggle with concepts of tangibility and intangibility as they apply the first sale or exhaustion doctrine to new technological environments. The difficulty of applying the exhaustion or first sale doctrine to digital works relates in great part to the difficulties of adapting traditional concepts of personal property, goods, services, sales, and licences to copies of copyright works and other information products, in an ever-changing technological environment (identified in Chapter 4). After looking at the main theoretical justifications of the first sale or exhaustion doctrine, and concluding that the property theory is the most plausible explanation of the first sale doctrine, the chapter questions the extent to which the doctrine of exhaustion or first sale will remain relevant as users increasingly experience copyright works through services and decreasingly through individualized copies.

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