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Journal article

Exhaustion, non-exhaustion and implied licence

Abstract:

This article explores how exhaustion and non-exhaustion of certain rights can be more coherently explained using the common law doctrine of implied licence. Exhaustion, as the name suggests, only focuses on the effect of the first sale or other transfer of ownership of the original or the copy of the work on the copyright owner, namely the consumption of the distribution right. Although the consumption is distinctly for the benefit of the transferee of the original or the copy, the provisions...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1007/s40319-018-0721-3

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Sub department:
Law Faculty
Department:
Unknown
Role:
Author
Publisher:
Springer Verlag
Journal:
International Review of Intellectual Property and Competition Law More from this journal
Volume:
49
Issue:
6
Pages:
656-684
Publication date:
2018-07-07
Acceptance date:
2018-04-19
DOI:
EISSN:
2195-0237
ISSN:
0018-9855
Language:
English
Pubs id:
pubs:923271
UUID:
uuid:fb711b39-238a-43cd-ad24-b02c177f431e
Local pid:
pubs:923271
Source identifiers:
923271
Deposit date:
2019-06-05

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