Research on the Copyright Risks and Institutional Solutions for the Resale of Digital Works
The development of the resale market of digital works needs to be based on the expansion of the exhaustion of the right of distribution into the digital space.However,the resale of digital works depends on downloading to realize the trans-fer of control,which makes the risk of infringing the right of reproduction become an obstacle to digital distribution's ex-pansion.The courts of the European Union and the United States exempt the necessary downloads in the transaction of com-puter software,but found that the resale of other digital works infringes the reproduction right.Both the WIPO Copyright Treaty and China's copyright law allow the right of distribution adapting in digital space.Exempting the necessary down-loading for the resale of digital works through the fair use in legislation and applying the deletion technology,will lead to the expansion of the right of distribution to the digital environment.
digital worksright of reproductionright of distributionexhaustion of rightspublic domain
万方数据
维普
