Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Tuesday, May 28, 2013

The First Sale Doctrine in the Digital Context

Clark D. Asay, Penn State University School of Law, has published Kirtsaeng and the First-Sale Doctrine's Digital Problem at 66 Stanford Law Review Online 17 (2013).

Many have lauded the United States Supreme Court's recent decision in Kirtsaeng v. John Wiley & Sons, Inc. as a significant victory for the first-sale doctrine under copyright law. However, in the digital context, the Kirtsaeng holding and the first-sale doctrine in general face extinction. This Essay argues for the first-sale doctrine's survival in the digital context.

Download the essay from SSRN at the link.

http://lawprofessors.typepad.com/media_law_prof_blog/2013/05/the-first-sale-doctrine-in-the-digital-context.html

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