Digital Books and the Exhaustion Doctrine of Distribution Right

Xue Yaju · Tianjin Science & Technology · 2015

Applying the exhaustion doctrine of distribution right to digital books is beneficial to the balance of interests between copyright owners and the public.Admitting the exhaustion doctrine of distribution right under the network environment is feasible both in technology and in law.When analyzing the behavior of copyright owners,the intention of transfer of the original or copies should be considered,which helps to identify whether their behaviors belong to network dissemination or to network distribution.If the behavior belongs to the latter,the exhaustion doctrine should be applied.

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