Research On The Application Of Digital Works First Sale Doctrine

As an important component of the system of copyright restrictions, First Sale Doctrine plays an important role in balancing the exclusive copyright and public interests, the distribution rights and ownership. With the coming of the Internet age, the publication of works and the way to use them have been undergoing major transformation. The digital publication of works belongs to the information network transmission right, and due to the license for sales of erosion and replication are associated with sales, the gap between digital works and First Sale Doctrine appeared. Because of being seen as a figurehead, the First Sale Doctrine is difficult to play a role. However, the First Sale Doctrine for the digital works is a point of the consumer protection and the survival and development for the second-hand digital works industry, so the application of the First Sale Doctrine for the digital works should be clear.As the first typical case of admitting the applicability of Digital Works First Sale Doctrine in the network environment, Usedsoft case provides a suitable judicial for the application of Digital Works First Sale Doctrine. However, there are still a lot of controversy for the applicability of Digital Works First Sale Doctrine in the Usedsoft case. After comprehensive analysis, it can be found that the applicability of Digital Works First Sale Doctrine in our country has legitimacy and legitimacy foundation. At present, most of the applicable model for Digital Works First Sale Doctrine put forward by the domestic scholars did unreasonable restrictions for Digital Works First Sale Doctrine. In fact, there is no need to build a complex system for the application of Digital Works First Sale Doctrine. It just need to clear the applicability for the Digital Works First Sale Doctrine in “Copyright Law” and the damage from the resale of the digital works for the copyright owner would be avoided by the restriction on the traditional First Sale Doctrine.