scholarly journals The future of the first sale doctrine with the advent of licences to govern access to digital content

2006 ◽  
pp. 0
Author(s):  
Masango Charles A
Keyword(s):  
Digital Content ◽  
The Future ◽  
First Sale ◽  
First Sale Doctrine

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.

Just another platform for television? The emerging web dramas as digital culture in South Korea

2017 ◽  
Vol 39 (5) ◽  
pp. 762-772 ◽  
Author(s):  
Jennifer M Kang
Keyword(s):  
South Korea ◽  
Digital Culture ◽  
Digital Content ◽  
Business Practices ◽  
Digital Form ◽  
Traditional Media ◽  
Online Platforms ◽  
The Future

Web dramas, which are original serialized dramas that are released primarily on online platforms, are a recent development of digital content in South Korea. As web dramas are intended for mobile viewing environments, this study examines how distribution influenced this emerging form. Particularly, it argues for the consideration of the power of distribution, which does not happen as an afterthought or separate from other areas, but can wield influence on the production, finances, and other business practices of web dramas. Audiences are envisioned as viewing web dramas on the go, so web dramas were only several minutes per episode with simple storylines to maintain the audiences’ attention. The insufficient revenue policy of the existing platforms have led web dramas to seek other alternatives within traditional media structures, where they are positioned primarily as another platform for television industries to explore or rely on the branded entertainment strategy, catering to the business sponsors’ demands. In the recent times, newer platforms and production companies specializing in web dramas have appeared, and this article concludes that there is still the potential for web dramas to independently establish themselves as a new digital form in the future.

scholarly journals Applying the Digital Curation Lessons Learned from American Memory

2008 ◽  
Vol 3 (2) ◽  
pp. 121-129 ◽  
Author(s):  
Liz Madden
Keyword(s):  
Digital Library ◽  
Lessons Learned ◽  
Digital Content ◽  
Digital Curation ◽  
The Future ◽  
Library Program ◽  
Legacy Data ◽  
The Creation ◽  
American Memory

American Memory, launched in 1995, was the Library of Congress’s debut web presentation and the primary product of the National Digital Library Program. More than 700,000 described digital items in 90 collections were added to American Memory in those first five years, including content from 23 external organizations. These materials were digitized, assembled and presented without tools designed specifically for the work and before the development of approved standards for the creation, presentation, or exchange of digital content. Valuable lessons about all levels of digital curation emerged from this early foray into digital library work, and many of the issues have persisted into current digital library efforts at the Library. This article focuses primarily on lessons learned about the conceptualization, creation, receipt, and preservation actions for digital content. It describes how strategies developed early on to manage the diverse and heterogeneous digital content helped inform later practices and were applied to legacy data in an effort to ensure their sustainability, flexibility and shareability into the future.

scholarly journals Studiing Modern Archival Science in Croatia

Atlanti ◽  
2017 ◽  
Vol 27 (2) ◽  
pp. 87-95
Author(s):  
Željka Dmitrus
Keyword(s):  
Data Security ◽  
Point Of View ◽  
Digital Content ◽  
Archival Science ◽  
Digital Archives ◽  
Archival Material ◽  
The Past ◽  
Long Run ◽  
The Future ◽  
The Moment

By definition, archival science is a set of knowledge about archival material and archival activity. Archival scienceis a young science because it has been developing for the past hundred years. More recently, theory, practice and methodology have been formed. When we talk about archival material, we need to know that it’s not just a pile of old paper preserved in the dark archive storage rooms. Archival material is a record in continuity - from the moment it is created, until the moment someone searches for that record. Today it is a common belive that archives are the memory of society and a part of cultural heritage. Today, documents are mostly generated in electronic form. From a practical point of view, modern archival science deals with answers to contemporary issues such as: How to organize digitalisation of archival material? How to keep digital content in the long run? How to organize digital archives? How to care for data security? These are just some questions that will have to be answered by the generations that come - young archivists. To be able to protect contemporary archives for the future we will have to find abwers to above questions, than only by protecting the present we will be able to preserve it for the future.

scholarly journals Born digital workflow tervezése a Petőfi Irodalmi Múzeum Digitális Bölcsészeti Központjában

2021 ◽  
Author(s):  
Gyula Kalcsó
Keyword(s):  
Social Media ◽  
Digital Humanities ◽  
Research Work ◽  
Digital Content ◽  
Text File ◽  
Digital Workflow ◽  
File Formats ◽  
The Future ◽  
Archive Data

The Petőfi Literary Museum’s Digital Humanities Centre, established last year, is in the process of creating a digital humanities platform, dHUpla. One of its sub-areas is the planning of the management of born digital materials. The development of a procedure for born digital materials is an urgent need: in addition to the existing collection items in the PIM, it is expected that in the future more and more content of this kind will be created, which will need to be managed professionally. The presentation will describe the research work carried out and the details of the workflow that is being outlined. It will present the workflow developed on the basis of the OAIS model, which covers the process from ingestion of such material to making it searchable and publishable. It covers not only the more manageable text file formats of born digital content, but also the more difficult tasks of emails or social media sites, and how to professionally extract and archive data from external media.

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.

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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