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.
关键词
数字作品/复制权/发行权/权利用尽/公共领域
Key words
digital works/right of reproduction/right of distribution/exhaustion of rights/public domain
维普
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