An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (And its Impact on International Trade)

Authors

Irene Calboli, Texas A&M University School of LawFollow

Document Type

Book Section

Publication Date

12-2012

ISBN

9781781951682

DOI

10.4337/9781781953396.00010

Abstract

Recital 44 asserts that the question of exhaustion does not arise in the context of online delivery of (digital) works, which is generally understood to mean that the owner of copyright maintains full control over the digital dissemination of digital works. Above and beyond impacting upon the question of whether exhaustion may occur online, a broader issue is at stake here. Historically, the exhaustion rule developed out of the notion of an implied licence. The latter was an attempt to explain the loss of control rights of IP owners following the first act of exploitation.

First Page

67

Last Page

89

Series

ATRIP Intellectual Property

Publisher

Edward Elgar Publishing

Editor

Jan Rosén

Book Title

Intellectual Property at the Crossroads of Trade

Recommended Citation

Irene Calboli, An American Tale: The Unclear Territorial Application of the First Sale Rule in United States Copyright Law (And its Impact on International Trade), in Intellectual Property at the Crossroads of Trade 67 (Jan Rosén eds., 2012).
Available at: https://scholarship.law.tamu.edu/facscholar/702