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
1 - The Theory of Copyright Exhaustion
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
Law is a fiction.1 Copyright law is an excellent example of legal fictions. All its norms, definitions, doctrines – e.g., creativity, originality, personality, economic and moral rights, limitations, and exceptions, to name a few – are created and regularly re-created by human minds to serve metaphorical purposes.2 At the same time, copyright law is not a limitless fiction. It has its historical roots, development, subjects, objects, purposes, and limits. The ultimate question of copyright law, then, is nothing else than why, to whom, and to what extent do laws assign copyright protection?3
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- Copyright ExhaustionLaw and Policy in the United States and the European Union, pp. 7 - 34Publisher: Cambridge University PressPrint publication year: 2022
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