Digital Exhaustion

When someone purchases a book they have an immediate understanding of what they can do with it. They can loan it, toss it, or resell it. When someone purchases digital media, many are surprised to find out that the same rights don’t apply. Trends in the technology and media landscape have elevated the use of licenses in lieu of outright ownership. What are courts to do when consumers and providers lock horns on this issue? Should courts endorse a concept of digital exhaustion and allow consumers to resell copies of digital works without a need for permission from the copyright owner? Or is that not what the seller bargained for? Lothar Determann, a Berkeley Law professor and Baker & McKenzie partner suggests that the old world may provide solutions. Tony Bedel and Christian Chessman sit down with Lothar to discuss his forthcoming BTLJ article, Digital Exhaustion – New Law from the Old World. We thank Chante Westmoreland and Miranda Rutherford for production help on the episode.