Economics and Finance

   

The Exhaustion Principle in Copyright and Modern Digital Markets

Authors: Bronwyn E. Howell, Petrus H. Potgieter

The exhaustion principle, or first-sale doctrine, limits copyright holders’ control after the authorised sale of a tangible copy, enabling resale, lending, and preservation. In digital markets, however, this principle has largely become irrelevant, as distribution models now rely on licences that prevent secondary use. This paper examines how the disappearance of copyright exhaustion affects four key digital markets — books, music, video, and software — along six dimensions: access, preservation, privacy, transactional clarity, user innovation, and platform competition. Drawing on a structured review of legal and economic literature, it assesses both the erosion of these benefits and possible remedies, including forward-and-delete technologies, common law exhaustion, relaxed anti-circumvention rules, and enhanced fair use provisions for libraries. The study argues that digital distribution has shifted the balance of rights too far towards copyright holders and that differentiated regulatory reforms may be needed to restore a socially beneficial equilibrium that preserves both market efficiency and user rights.

Comments: 10 Pages.

Download: PDF

Submission history

[v1] 2025-07-16 20:14:57

Unique-IP document downloads: 262 times

Vixra.org is a pre-print repository rather than a journal. Articles hosted may not yet have been verified by peer-review and should be treated as preliminary. In particular, anything that appears to include financial or legal advice or proposed medical treatments should be treated with due caution. Vixra.org will not be responsible for any consequences of actions that result from any form of use of any documents on this website.

Add your own feedback and questions here:
You are equally welcome to be positive or negative about any paper but please be polite. If you are being critical you must mention at least one specific error, otherwise your comment will be deleted as unhelpful.

comments powered by Disqus