Open AccessUNTANGLING THE DIGITAL EXHAUSTION
Author(s) -
Beatriz Rocha Simões Dias
Publication year - 2021
Publication title -
de legibus
Language(s) - English
Resource type - Journals
ISSN - 2182-5912
DOI - 10.53456/dlb.vi1.7481
Subject(s) - statutory law , european union , intellectual property , field (mathematics) , distribution (mathematics) , meaning (existential) , fair use , internet privacy , business , law and economics , political science , computer science , law , sociology , economic policy , psychology , mathematical analysis , mathematics , pure mathematics , psychotherapist
Through this essay, we will focus on the defensibility of a digital exhaustion principle in both legal and practical dimensions regarding the workability and acceptance under the new digital paradigm. The principle of exhaustion is expressively recognized at both the international and European level as a limit to the right of the original owner’s right of distribution. Attending to the meaning of frontiers in the digital ecosystem, hence the underlying idea behind the principle of exhaustion, is to facilitate the functioning of the internal market by eliminating the barriers to the free movement of goods within the European Union. To this end, we will analyse the applicability of the principle of exhaustion to the online dissemination of digital copyrightable content in the Digital Single Market attending to the existing statutory framework within the EU along with the recent case law. While bearing in mind the existing challenges in the field of copyright law with the massive digitalization, the unprecedented number of copies available online facilitating piracy and dissemination at an almost near-zero cost. We will undertake a solution based on the synergy of means for policy in light of the 21st-century challenges and technologies available. Therefore, we propose a model that combines both legal and technological tools.