The Application Of First Sale Doctrine In Network Age

With the popularity of purchasing digital work online, more and more works are beingincluded into “personal database”, which results in increasing needs for resale of digitalworks and advanced technologies in platforms of resale service. Whether those digitalworks legitimately purchased by consumers could be resold is indeed related with thewhether the first sale doctrine could be applied to digital works. Firstly, in this essay,judgements by courts of U.S. and Europe are analyzed to see views of different areas inthis issue. Secondly, according to the original aims and application rules of first saledoctrine, pointing out some actual and legal obstacles towards its application. Thirdly,functions of the first sale doctrine are illustrated to justify its application to digital works,however, at the same time, considering the obstacles, some adjustments shall be made.Lastly, according to the principle of “balancing interest” in Copyright Law and learningfrom previous legislative efforts in U. S., we suggest the mechanism of resale royalty asthe adjustment to application of first sale doctrine in network age, which could promote thewelfare of both copyright owners and consumers.