Research On The Principle Of Exhaustion Of Distribution Rights Applicable To The Resale Of Digital Works

As a theory born in the era of physical works,the principle of exhaustion of distribution rights aims to maintain the balance of interests between copyright owners and the public.With the popularity of the Internet,the digitization of physical works has become the norm.As a new form of work,its appearance has expanded the scope of circulation of works,but it has brought new challenges to copyright protection.The original principle of exhaustion of distribution rights was established on the basis of tangible works,but now facing a new scope of application,the basis for the application of this principle is doubtful,and there are also no objective conditions for application,which makes the distribution of digital works a blind spot for the application of this principle.There is no unified answer in theory and practice on how to solve the dilemma caused by the above-mentioned application blind zone,but the unresolved issue cannot prevent frequent conflicts between copyright owners and public interests in reality.Therefore,it is necessary to solve the following problems: Exhaustion of distribution rights Whether and how the Principles apply to digital works.This paper mainly discusses the abovementioned issues through five parts.The first part introduces the basic theoretical knowledge of the principle of exhaustion of distribution rights,including its origin,meaning and application conditions in the traditional paper age,and also paves the way for the subsequent application in the network environment.The second part mainly discusses the practical difficulties in the application of the principle in the network environment,including three aspects: firstly,the definition of the right of distribution is unclear,which is mainly reflected in whether the object of distribution can be intangible copies and the blurred boundary between it and the right of information network transmission;secondly,the risk of illegal copying in the process of resale of digital works increases steeply,because the transmission characteristics of digital works are inevitably accompanied by the act of copying and the act of copying is not authorized by the copyright owner.Thirdly,the excessive use of license agreements for resale,which prevent consumers from acquiring ownership of digital works because they are called "licenses",has led to the circumvention of the application of this principle.Translated with www.Deep L.com/Translator(free version)The third part mainly studies the application of the principle abroad,and provides reference for the application in our country.The United States and the European Union hold the same view on the issue of online resale,that is,the principle of exhaustion of distribution rights should not apply.However,for the behavior of reselling computer software through the Internet,the European Court applies special law for protection and believes that the principle of exhaustion of distribution rights can be applied,while the American court holds a negative attitude.The differences in the judgment opinions of Europe and the United States reflect the value orientation behind it.my country should comprehensively consider its own industrial development model and policy orientation,and allow the application of this principle on the basis of balancing private interests and public interests.The fourth part discusses the feasibility of applying the principle of exhaustion of distribution rights for resale of digital works.First of all,it is explained that the resale of digital works is a distribution behavior,and the intangible copy is also the object of distribution,and the relationship between distribution behavior and network communication behavior is clarified.Second,it should be clarified that the necessary reproduction in the process of resale does not constitute a violation of the right of reproduction.Third,license agreements should be regulated,and indefinite licenses should be regarded as sales.Fifth,improvements to the principle of distribution right exhaustion that apply to the resale of digital works.First of all,it combines the characteristics of digital works,pursues the balance between the interests of copyright holders and consumers,proposes the principle of limited exhaustion of distribution rights,and divides into computer software according to various characteristics of digital works.works and other digital works.Based on this classification,various restriction rules are formulated.Second,the introduction of blockchain technology prevents the spread of copies of digital works.Finally,we recommend using dynamic contract approach to determine the nature of the license agreement.Above he combines three aspects to address the dilemma of applying the principle of distribution right exhaustion in our country.