WIPO Proposals - Art 8 & First sale


Subject: WIPO Proposals - Art 8 & First sale
From: ODI LIBRARY (library@odi.org.uk)
Date: ke 27 syys   2000 - 10:05:47 EEST


Article 8 - Exhaustion of distribution right on first sale.

Note 8.02 makes clear that no agreement was reached on wether
exhaustion should be national, regional or global.

Note 8.06 Gives national legislatures the option of exhaustion of
right of distribution after 1st sale in national territory.

Note 8.08 Gives national legislatures the option of exhaustion of
right of distribution after 1st sale anywhere (ie. global
exhaustion).

This seems to mean that the premise is that first sale or transfer of
ownership does not exhaust the right of distribution - except where
provided for in national legislation.

My view is that this is totally the wrong way round. The presumption
should be that first sale or transfer should exhaust the right of
distribution (we're not even talking about reproduction rights
here!). If it is necessary to provide for non exhaustion (which I do
not believe) then this should be allowed for by national legislation.

Proposal A: First sale or transfer exhausts distribution right, no
exceptions - copyright owners should rely on reproduction right to
protect against electronic abuse.

Proposal B: The presumption should be exhaustion, non exhaustion
should be the exception / limitation provided for in national legislation.

          Mark Perkins, RRMG Librarian
          ODI Library, Regents College
Inner Circle, Regents Park, London NW14NS. UK
TEL: +44 (0)171-487-7611 FAX: +44 (0)171-487-7590
          EMAIL: library@odi.org.uk



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