Digital exhaustion of the right of distribution in the European Union copyright law
Articles
Justinas Drakšas
Vilnius University, Lithuania
Published 2023-04-24
https://doi.org/10.15388/PhDStudentsConference.2023.3
PDF

Keywords

digital exhaustion of the distribution right
copyright law
computer networks
communication to the public right
sale and licensing of digital works

How to Cite

Drakšas, J. (2023) “Digital exhaustion of the right of distribution in the European Union copyright law”, Vilnius University Open Series, pp. 30–45. doi:10.15388/PhDStudentsConference.2023.3.

Abstract

In this article, the author presents the conditions for exhaustion of the distribution right and overviews the main sources regulating exhaustion, from which the main problem related to the recognition of digital exhaustion of the distribution right - the separation of the right of communication to the public and the right of distribution - arises. In the view of the author, transmission of works or objects of related rights over computer networks for permanent use by its users is not fully attributable to distribution, due to international and EU provisions restricting the distribution right to material copies only. Therefore, the author considers that intervention of the legislator is necessary in order to implement the rule of digital exhaustion and to make a clear distinction between the rights of distribution and communication to the public. Other risks associated with the digital exhaustion of the distribution right, such as the “first copy” problem, and the inefficiency of the technical measures to ensure that works (other objects) transmitted over computer networks are not reproduced without the permission of the rightholder, are also analysed in this work. Notwithstanding the mentioned concerns, the author suggests reviewing legal provisions related to digital exhaustion in order to ensure that copyright law better meets actual social relationships and key consumer needs.

PDF

Downloads

Download data is not yet available.

Most read articles by the same author(s)

1 2 3 4 5 > >>