Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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.

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