The Future of the First Sale Doctrine with the Advent of Licences to Govern Access to Digital Content

Abstract

The article examines the origin of copyright and the first sale doctrine. It exposes the advantages that the doctrine confers to the purchasers of copyright works and how it is possible for purchasers to use the doctrine to advance scholarship. The article also examines whether the advantages that the doctrine confers to the purchasers of printed copyright works has been permanently swept away by the introduction of licences by authors to govern access to digital content. Finally, the article looks at content access models being used in the digital environment that may ultimately serve the same function as that played by the first sale doctrine in the previous offline-only, hard-copy environment.