Importance of the doctrine of digital exhaustion in copyright law

Kanchana Kariyawasam & Royal Raj Subburaj

International Journal of Law and Information Technology2025https://doi.org/10.1093/ijlit/eaaf009article
ABDC A
Weight
0.50

Abstract

The doctrine of digital exhaustion (also known as the first-sale doctrine) has emerged as a critical issue in copyright law, due to the increased use of digital goods and the embedding of technological protection measures (TPMs) in digital devices, such as the encryption of software, passwords, and access codes. These measures often restrict users’ rights and limit their ability to exercise ownership of digital assets. This article examines the importance of extending the first-sale doctrine to digital goods and devices, allowing users to freely use, modify, or repair digital products without requiring additional authorization from manufacturers. It addresses the judicial and legislative responses to the first-sale doctrine in Australia, the European Union, and the United States of America, highlighting the need for effective legal frameworks to protect the fundamental principles of copyright law by fostering creativity while respecting users’ rights.

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https://doi.org/https://doi.org/10.1093/ijlit/eaaf009

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@article{kanchana2025,
  title        = {{Importance of the doctrine of digital exhaustion in copyright law}},
  author       = {Kanchana Kariyawasam & Royal Raj Subburaj},
  journal      = {International Journal of Law and Information Technology},
  year         = {2025},
  doi          = {https://doi.org/https://doi.org/10.1093/ijlit/eaaf009},
}

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

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