论网络环境下首次销售原则地适用.pdf

Abstract The first sale doctrine is a very important principle of copyright law. It plays a vital role in maintain the balance between the copyright and the right of public using. With the development of digital technology, especially the internet works, the works have been digital, and the carrier and mode of transmission of works have changed. Digital works can easily be copied. The behaviors of copy are low cost, high simulation and diversification. All of these make a great loss of copyright owners. In order to prevent copying and protect their economic interests, copyriht owners have taken numerous measures, such as licensing and technical protection messures. The protection measures adopted by copyright owners indeed palyed a very important role in the maintenance of the copyright interest. However, these measures also affect the public interests, particularly, restrain the application of first sale doctrine. The application of first sale doctrine is the main content of this paper. Based on the analysis of basic principles, this paper included two main aspects :the carrier and mode of transmission of works. This paper investigates the affect of the above-mentioned aspects’ changes, and then expores the application of the first sale doctrine in network environment. This paper is divided into three parts: The first part discusses the basic theory of the first sale doctrine, including the concept, applicable characteristics and meaning of the first sale doctrine, in order to lay a foundation for analyzing the first sale doctrine in internet age. The second part discusses the affects caused by the changes of work’s carriers. Section Ⅰfocuses on the propert