Kirtsaeng and the First-Sale Doctrine's Digital Problem
Clark D. Asay
Brigham Young University - J. Reuben Clark Law School
May 7, 2013
Stanford Law Review Online, Vol. 66, pp. 17-23, 2013
Penn State Law Research Paper No. 29-2013
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.
Number of Pages in PDF File: 8
Keywords: copyright, Kirtsaeng, first-sale doctrine, first-sale rights, digital copyrightAccepted Paper Series
Date posted: May 8, 2013 ; Last revised: July 11, 2013
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