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《Intellectual Property》 2012-01
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Digital Works and First Sale Doctrine:Copyright Law Modification as Background

Tang Yan  
The application of first sale doctrine to digital works should be judged according to their different types and various transfer ways.Digital works that are transmitted through internet shound not be applied to first sale doctrine in principle.Where tangibel possession of a copy of a digital work is transferred with a license,the issue of whether the ownership of the copy of the work has been transferred may be judged according to "three-part test",which is established in the American case of "Vernor vs.Autodesk",and only when the ownership of the copy of the work is tranferred,can the first sale doctrine be applied.As China's Copy Right Law is going to be modifed,it is suggest that the first sale doctrine should be established explicitly with specified rules for digital works.
【CateGory Index】: D923.41
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