The Principle Of Digital Exhaustion An Analysis Based on EU, US & Turkish Laws

Sena Kontoğlu Taştan

TABLE OF CONTENTS

INTRODUCTION
CHAPTER I
COPYRIGHT EXHAUSTION: SCOPE AND CHARACTER
§1. COPYRIGHT
I. Copyright in General
II. Subject Matter of Copyright
A. Definition and Scope
B. Requirements for Copyright Protection
III. Rights Conferred by Copyright
A. Moral Rights
B. Economic Rights
§2. COPYRIGHT EXHAUSTION
I. Right of Distribution as a Focal Point of Copyright Exhaustion
A. The Exclusive Distribution Right in General
B. Distribution Through Rental, Lease and Lending
C. Distribution Through Transfer of Ownership
II. Framework of Copyright Exhaustion
A. Definition and Scope
B. Bases for the Exhaustion Principle
C. Benefits of the Exhaustion Principle
D. Legal Background
E. Requirements of the Exhaustion Principle
F. Geographical Application

CHAPTER II
DIGITAL EXHAUSTION OF COPYRIGHT
§1. DEFINITION AND SCOPE OF THE PRINCIPLE OF DIGITAL EXHAUSTION
§2. LEGAL NATURE AND CLASSIFICATION DILEMMAS OF DIGITAL FILE TRANSFERS
I. The Sale-License Dichotomy
A. Transfer of Ownership: A Key Concept of The Principle of Exhaustion
B. Differentiating Sales and Licenses
C. The UsedSoft Decision as an Interpretation of License Agreements, and Others
II. Distribution v. Communication to the Public
A. Differentiating Distribution and Communication to the Public
B. Medium of Transfers as Interpreted by Courts
III. Technological Requisite of Transfers: Making Copies
A. Legislative Background for Necessary Copying
B. The Temporary Copy Dilemma
C. Reproductions as New Copies of Work
§3. TOM KABINET RULING: AN END TO DIGITAL EXHAUSTION?
I. Background of the Case
II. Key Aspects of the Court's Decision
§4. RECONSIDERATION OF THE PRINCIPLE OF DIGITAL EXHAUSTION
I. A Different Perspective to the Key Problems in Applicability
A. The Sale-License Gulf
B. Distribution v. Communication to the Public: The Tangibility Dilemma
C. Technological Blip: The Reproduction Predicament
II. The Need for the Principle of Digital Exhaustion