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Limitations on the First Sale Doctrine by Contracts in Digital Contents Transactions

  • Informatization Policy
  • Abbr : 정보화정책
  • 2008, 15(3), pp.120-135
  • Publisher : NIA
  • Research Area : Social Science > Public Policy

구병문 1

1경희대학교

Accredited

ABSTRACT

The first sale doctrine has been essential to the balance in copyright law between authors’ rights and public access to works. The rapid growth of digital technology, however, has made us have a rethink of the first sale doctrine. This Article considers the impact of technological change on the first sale doctrine. The Article reviews the possibility of limitation on the first sale doctrine by digital contents licenses, as well as the traditional causes and benefits of the first sale doctrine. This Article concludes that it is too early to determine the amendment of the first sale doctrine in copyright law, but it is possible to limit the first sale doctrine by digital contents licenses, because digital contents can be reproduced equally in quality and unlimitedly in quantity, and they can be transferred simultaneously anywhere and everywhere through the internet.

Citation status

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