A Plea for Digital Exhaustion in EU Copyright Law

Author:Caterina Sganga
Position::Associate Professor of Comparative Private Law, DIRPOLIS Institute, Scuola Superiore Sant'Anna (Pisa, Italy). The author would like to thank the participants to the EPIP Conference 2018 at ESMT Berlin, Professor Thomas Dreier and JIPITEC's anonymous reviewers for the very useful insights and comments on earlier drafts of this article. All...

With the Dutch referral of the Tom Kabinet case (C-263/18) in July 2017, the CJEU will soon have its final say on the admissibility of digital exhaustion under Art. 4(2) InfoSoc. Until now, years of national decisions and the CJEU’s obiter dicta have provided a patchwork of inconsistent answers, and seemingly rejected the extension of the principle to digital works upon a strict literal... (see full summary)

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