Edited by Jan Rosén
Chapter 3: Emerging escape clauses? Online exhaustion, consent and European copyright law
Article 4(2) of the European Union Copyright Directive (EUCD) obliges member states to implement the exhaustion doctrine in national copyright laws. Exhaustion occurs once a copy of a work has been put on the market by, or with consent of, the copyright owner. That rule has long been accepted as a core principle of European IP law. It is derived from the preceding jurisprudence as regards, predominantly, parallel imports under primary EU law – that is, the rules on the prohibition of anticompetitive agreements and the subsequent application of the exhaustion doctrine under the rules on the free movement of goods. It was further expressly established in secondary legislation, including the relevant directives in the remit of trade marks, designs, computer programs and databases. What distinguishes the treatment of exhaustion under the EUCD is the fact that, for the first time, it is expressly explained that exhaustion occurs only and apodictically with respect to the putting into circulation of physical copies.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.