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Article
Resale of Digital Works Under Copyright Laws - A Legal and Economic Analysis.pdf
The John Marshall Review of Intellectual Property Law (2019)
  • Muhammad Masum Billah, Dr.
Abstract
Through the first sale doctrine, copyright laws around the world establish for an owner of the copy of
a copyrighted work the right to resell, lend, donate, and, in some cases, even to rent the copy. Under
the doctrine, the copyright holder loses any control over the future distribution of a copy of the work
after the sale of that copy. The purchaser of the copy is free to treat it like any other property she
possesses. She can transfer it to anyone else through a resale or donation. The doctrine is part of the
balance copyright law strikes between the interests of copyright holders and those of purchasers of
the copies. While the right still exists in law, in most digital works copyright holders and their
distributors deprive purchasers of this right through digital right management (DRM) technologies
and contractual terms. By establishing the continued justifications of this right in the context of
digital works, the paper argues for its preservation and recommends for necessary legislative
changes to guarantee the application of the first sale doctrine to digital works.
Keywords
  • first sale doctrine,
  • copyright exhaustion,
  • resale of digital works
Disciplines
Publication Date
January 17, 2019
Citation Information
Muhammad Masum Billah. "Resale of Digital Works Under Copyright Laws - A Legal and Economic Analysis.pdf" The John Marshall Review of Intellectual Property Law Vol. 18 Iss. 2 (2019) p. 123 - 143
Available at: http://works.bepress.com/muhammad_masum_billah/12/