Book contents
- Copyright Exhaustion
- Cambridge Intellectual Property and Information Law
- Copyright Exhaustion
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 1 The Theory of Copyright Exhaustion
- 2 The Doctrine of Exhaustion in the Copyright Law of the EU
- 3 The First-Sale Doctrine in the Copyright Law of the US
- 4 Digital Exhaustion in the EU and the US
- Conclusion
- Bibliography
- Index
- Cambridge Intellectual Property and Information Law
3 - The First-Sale Doctrine in the Copyright Law of the US
Published online by Cambridge University Press: 17 February 2022
- Copyright Exhaustion
- Cambridge Intellectual Property and Information Law
- Copyright Exhaustion
- Copyright page
- Dedication
- Contents
- Acknowledgments
- Introduction
- 1 The Theory of Copyright Exhaustion
- 2 The Doctrine of Exhaustion in the Copyright Law of the EU
- 3 The First-Sale Doctrine in the Copyright Law of the US
- 4 Digital Exhaustion in the EU and the US
- Conclusion
- Bibliography
- Index
- Cambridge Intellectual Property and Information Law
Summary
The US legal system varies markedly from its European counterpart and one area where these differences have a direct impact is on the first-sale doctrine. The TEEC and the consolidated version of the TFEU indirectly allow for the regulation of intellectual property. EU copyright law originates from the jurisprudence of the ECJ and more recently has been crystallized through several directives. Although cultural policy considerations were followed in the creation of the acquis communautaire, the prevailing aim of the EU has always been the proper functioning of the internal market. EU directives allow each individual Member State to implement the directive as they see fit, as long as the requirements of the directive are met, and thus significant differences may exist among domestic copyright provisions.
- Type
- Chapter
- Information
- Copyright ExhaustionLaw and Policy in the United States and the European Union, pp. 71 - 105Publisher: Cambridge University PressPrint publication year: 2022