Research On The Application Of The Principle Of Exhaustion Of Distribute Rights Of Digital Works

The principle of exhaustion of distribution rights is a vital principle established on the basis of distribution rights in order to limit the exclusive rights of copyright holders that arose before the digital age and are widely used in the field of physical works.With the development of digital communication technology,the way works are traded has changed enormously,and the protection of interests in intellectual products through licensing agreements and technical measures has become increasingly popular.In the new working environment,the traditional principle of exhaustion of distribution rights in the digital field has no legal basis and no corresponding objective conditions,and there are blind areas applicable to distribution rights in the field of digital works.With the progress of digital technology,there is a high demand for the application of the principle of depletion of the right in the digital environment.In the face of the trend of applying the principle of depletion of distribution rights in the digital environment,in order to balance the interests between copyright owners and the public again,it is urgent to solve the problem of applying the principle of depletion of distribution rights in digital works transactions.This thesis expounds the institutional connotation,value basis and applicable conditions of the principle of the exhaustion of the right from the perspective of theoretical and practical evaluation respectively,and puts forward corresponding countermeasures on how to provide a legislative guarantee for the principle of depletion of the right to use of digital works,hoping to provide useful ideas for the development of China’s copyright system.The first part of the thesis starts from the theoretical basis of the principle of exhaustion of the right to issue,introduces the institutional connotation of the principle of exhaustion of the right of expenditure,explains the historical origin and value basis of the principle of exhaustion of the right of expenditure and,on this basis,clarifies the scope of application of the principle.The second part of the thesis,on the basis of the current situation of digital work trading,combines the new commercialized trading model of digital works to study the applicable obstacles to extend the application of the principle of depletion of the right,and points out three specific difficulties,including the difficulty of identifying the distribution behavior of digital works and the accompanying complexity in the trading of digital works.It is difficult to define system behavior,and the indiscrimity of copies of digital works leads copyright owners to use license agreements and technical protection measures to avoid distribution and hinder the exhaustion of rights in order to protect their own economic interests.The third part of the thesis,aiming at the new characteristics of the network environment,introduces the necessity of extending the principle of exhaustion of distribution rights in today’s digital works.On this basis,it is further discussed that there is still room for application in the digital environment,whether in terms of market demand and technology.By analyzing the trading mode of NFT digital works in China and two technical measures to solve the problem of the uncontrollable number of copies of digital works,it is confirmed that digital works now have relatively mature technical conditions for trading,providing a feasible technical ground for the extension and application of the principle of depletion of the right of distribution rights.The fourth part of the thesis provides institutional feasibility for the extended application of the principle from two aspects: reconstructing the existing rules and systems and regulating the behavior of the subject of digital works trading.The last part of the thesis is the conclusion.The work market in the digital environment is different from the work market of traditional tangible carriers,and the online distribution of digital works has gradually become the norm.We can’t continue to mechanically deny the legitimacy of digital works trading in the secondary market,and the time is ripe to re-examine the principle of exhaustion of the right of issuance.