Vilnius University Open Series (Apr 2023)
Digital exhaustion of the right of distribution in the European Union copyright law
Abstract
The author analyses the digital exhaustion of the distribution right and its application in the EU copyright law. In the first part, the author presents the conditions for the digital exhaustion of the distribution right and overviews the main sources regulating exhaustion, from which the main problem related to the exhaustion of the distribution right of separation of communication to public and distribution rights arrises. In the view of the author, the transmission of works or objects of related rights over computer networks for permanent use by its users is akin but not fully attributable to distribution due to international and EU provisions restricting the distribution right to material copies only. Therefore, the author considers that the intervention of the legislator is necessary in order to implement the exhaustion of distribution right and to make a clear distinction between the rights of distribution and communication to the public. Other risks associated with the digital exhaustion of the distribution right, such as the „first copy“ problem, and the inefficiency of the technical measures to ensure that works (other objects) transmitted over computer networks are not reproduced without the permission of the rightholder, are also analysed in this work. Notwithstanding the mentioned concerns, the author presents the view that digital exhaustion of distribution right could be fully justified in terms of balancing the interests of rightholders and users of works (other objects) and suggests reviewing legal provisions relating to digital exhaustion in order to ensure that copyright law better meets actual social relationships and key consumer needs.
Keywords
