Keywords
first sale doctrine, digital first sale doctrine, digital resellers
Abstract
This article will explore the origins and rationale for the first sale doctrine. A review of the most recent American case law shows the court rejecting the doctrine’s applicability in a digital sphere. I suggest that in spite of the court’s rigid interpretation of the U.S. Copyright Act, formulating a digital first sale doctrine is a matter better left to lawmakers. A flourishing digital secondary market can promote competition and innovation while making content more accessible to the public, but its endorsement requires an appreciation of its adverse effect on the primary market for copyright owners. The article fast-forwards to a look at what a digital secondary market can look like. I recommend creating a resale royalty for copyright owners in order to maintain a sufficient incentive to create. Also, I suggest that forward-and- delete technology without digital rights management is the best architectural solution for digital resellers.
Recommended Citation
Marco Figliomeni, "The Song Remains the Same: Preserving the First Sale Doctrine for a Secondary Market of Digital Music" (2014) 12:2 CJLT.
Included in
Computer Law Commons, Intellectual Property Law Commons, Internet Law Commons, Privacy Law Commons, Science and Technology Law Commons