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Copyright Exhaustion

Copyright Exhaustion
Law and Policy in the United States and the European Union


Part of Cambridge Intellectual Property and Information Law

  • Date Published: February 2018
  • availability: Available
  • format: Hardback
  • isbn: 9781107193680

£ 85.00

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About the Authors
  • In this timely book, copyright scholar Péter Mezei offers a comprehensive examination of copyright exhaustion, including its historical development, theoretical framework, practical application, and policy considerations. He compares the substantive norms and case law for the first-sale doctrine in the United States and in the European Union, covering both analogue and digital applications in detail, and in doing so questions the common rejection of exhaustion in the resale of digital subject matter such as computer programs, sound recordings, audiovisual works, and e-books. Instead, he proposes a digital first-sale doctrine that would offer legal consistency to copyright law and a technologically feasible framework for content producers and consumers. This book should be read by anyone interested in how copyright law continues to evolve in conjunction with the digital world.

    • Proposes a concise collection of policy arguments on copyright exhaustion
    • Collects and analyzes the historical, as well as the most recent court decisions on exhaustion from the US, EU, and several other countries
    • Provides a critical approach to the status quo of exhaustion and provides a workable solution for the problem of digital exhaustion
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    Reviews & endorsements

    'In this era of digital streaming, cloud computing and global content distribution, the exhaustion doctrine in copyright law deserves serious scholarly and policy attention. This timely and important book provides an in-depth comparative analysis of the doctrine's justifications, evolution and future development on both sides of the Atlantic and at the international level. Highly recommended!' Peter K. Yu, Director, Center for Law and Intellectual Property, Texas A & M University School of Law

    'Users have grown comfortable with the freedom to resell books, sound recordings, and the like. In a world in which these media are distributed in digital form, users may not have that same luxury. Professor Mezei's book does an excellent job discussing the legal and policy issues underlying exhaustion, and how those same considerations ought to apply to digital works.' John T. Cross, Grosscurth Professor of Law, University of Louisville Brandeis School of Law

    'Professor Mezei's new book is the much-needed update of the copyright exhaustion doctrine to the digital age of today. It discusses the international and EU law dimensions of copyright exhaustion in detail and compares the European legal developments to US law. A highly recommended book for practitioners, students and academic alike.' Tuomas Mylly, University of Turku

    'Professor Mezei's book provides a detailed, nuanced, yet accessible treatment of the copyright exhaustion doctrine - a critical but underdeveloped area of intellectual property law that courts around the world are struggling to get right, especially as it applies to copyright-protected digital works.' William T. Gallagher, Director of the Intellectual Property Law Center, Golden Gate University School of Law, and Founding Editor, The IP Law Book Review

    'Due to its comprehensiveness and the precision of its reasoning this book is certain to gain the attention of experts and students of the exhaustion doctrine. For the former it is a rich resource for further research and a sharp analysis of the current state of law and policy; for the latter it is an excellently written … review of the 'state of the art' supplemented with a well-reasoned argument for the viability and continued necessity of a robust exhaustion doctrine in a digital environment.' Bernd Justin Jütte, Journal of Intellectual Property Law & Practice

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    Product details

    • Date Published: February 2018
    • format: Hardback
    • isbn: 9781107193680
    • length: 222 pages
    • dimensions: 235 x 158 x 16 mm
    • weight: 0.43kg
    • availability: Available
  • Table of Contents

    1. The theory of exhaustion
    2. The doctrine of exhaustion in the copyright law of the European Union
    3. The first sale doctrine in the copyright law of the United States
    4. Digital exhaustion in the European Union and the United States

  • Author

    Péter Mezei, Szeged Law School, Hungary
    Péter Mezei is an Associate Professor at the University of Szeged, an adjunct professor at the University of Turku, and a visiting lecturer at the University of Toledo and at the University of Jean Moulin Lyon III. He is a member of the Hungarian Copyright Expert Board, and he specializes in comparative digital copyright law. Mezei has contributed several times to international research conducted by the European Commission. He wrote national reports to the 2010 and 2014 Comparative Law Congress.

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