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Supplying and Reselling Digital Content

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Supplying and Reselling Digital Content

Digital Exhaustion in EU Copyright and Neighbouring Rights Law

9781802209419 Edward Elgar Publishing
Simon Geiregat, Postdoctoral Fellow, Research Foundation – Flanders (FWO), Ghent University, Belgium
Publication Date: 2022 ISBN: 978 1 80220 941 9 Extent: 200 pp
Analysing the transferability of digital content, this book offers a comprehensive and critical evaluation of digital distribution and ownership in digital content within the EU. The analysis builds on the debate surrounding ‘digital exhaustion’ and is focused around three generations of supply of digital content: hardcopy sales, downloads and online access.

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Contents
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This book offers a comprehensive and critical evaluation of the distribution and ownership of digital content within the EU. The analysis builds on the debate surrounding ‘digital exhaustion’ and is focused around three generations of supply of digital content: hardcopy sales, downloads and online access.

For each generation, the supplying act and the ability to further transfer what was supplied is scrutinized in the light of EU copyright and neighbouring rights law. Going beyond a description of case law, this book highlights inconsistencies and frictions caused by the CJEU and addresses the fate for novel business models, hybrid works and neighbouring rights. Finding that copyright is only one part of the puzzle, Simon Geiregat offers broader perspectives to the transferability discussion by involving impeding digital architecture (technical protection measures) and the ‘data ownership’ debate, and by bringing consumer contract law and property law as well as equal treatment into the analysis.

Providing a rigorous overview of the law surrounding digital content, this will be a valuable read for academics and practitioners with an interest in EU copyright and the debates on propertization and transferability in the digital context. It will also be beneficial to music and film organisations and distributors involved in supplying digital content in the European market.
Critical Acclaim
‘Simon Geiregat’s in-depth, sectorial analysis brings fresh air to the research of the offline and online operation of the exhaustion doctrine. It critically evaluates and effectively rebuilds the doctrine for the 21st century. Highly recommended!’
– Peter Mezei, University of Szeged, Hungary and University of Turku, Finland

Contents
Contents: Preface 1. Introduction: ‘digital exhaustion’ 2. Supply and resale of hard copies 3. Supply and resale via download 4. Supply and resale by online access 5. Critical assessment of the EU law on resales of digital content Index
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