Research On The First Sale Doctrine Of Digital Works In The Network Environment

Traditional First Sale Doctrine is an important doctrine of Copyright Law which restrains the exclusive right of copyright owners. It not only clarifies the boundaries of Distribution Right and Proprietary Right, and also achieves the interest balance of copyright owners and customers, which guarantees the foundation of works’secondary market and promotes the exchange of cultural information. Along with the popularization of digital technology and network, the ways of people making use of works are also changed. Digital works are no longer transferred by physical carriers, while through the Internet, which are far more effective and efficient. Based on the advantages of Internet circulation, a great amount of digital work markets are set up. In the present copyright law system, digital works are difficult to sell or rent legally on the Internet, or in some cases without clear ownership of digital works’copies, copyright owners can arbitrarily delete customers’already-paid digital works which seems to protect copyright owners’ right on the surface but impinges customers’interests and obstacles the integrated development of digital work market. So can traditional First Sale Doctrine be expanded and utilized in the new technical environment, or a new First Sale Doctrine to restrain the rights of copyright owners in the Network Environment should be constructed?Through theoretical analysis and case evaluations, the first chapter of this dissertation defines the concept and features of digital works and divides them into categories according to their different features. In addition, it explores the concept, features, application range, theoretical basis and creative significance of First Sale Doctrine which lays down the foundation of further exploration of digital works" application in the First Sale Doctrine. In the second chapter, based on the applicability of First Sale Doctrine, with a combination with digital works’ features during transmission and analysis of digital transaction contracts’property and content, this dissertation denies the applicability of First Sale Doctrine on the Internet and analyzes the adverse influence of its inapplicability. In the third chapter, it explains the legislative suggestion of American First Sale Doctrine of Digital Works and existing controversies in the present stage. Meanwhile, based on the conclusion of controversial focuses, it also discusses the enlightenment on China’s legislation. In the fifth chapter, aiming at controversial focuses of American First Sale Doctrine of Digital Works, this dissertation tests the feasibility and necessity of constructing Digital First Sale Doctrine with reference of present technical measures and development requirement of digital market. In the last chapter, combined with China’s present system of the Copyright Law, it primarily draws up the concept, application range, application condition and system positioning of First Sale Doctrine of Digital Works.