Erschöpfungsgrundsatz im Online-Bereich

The principle of exhaustion strikes a balance between copyright and property rights, between the economic interests of the author and the acquirer, and between copyright as an exclusive right and the principle of the free movement of goods. The justification theories developed in copyright law can explain single aspects of the balance of interests, but do not fully capture it, e.g., the property theory, the reward theory, and the traffic safety theory. In addition, other methods of analysis such as comparative law and law economics are now being considered. This discussion will expectably, not only in the German legal field, but also in the Chinese and U.S. legal field, continue. In summary, this book aims to provide a legal comparison between the respective situations and views on the applicability of the principle of exhaustion in the online field in Germany, the EU, China, and the U.S.. On the basis of the comparison of different approaches and opinions as well as legal economic considerations, a solution shall be worked out for the problem of the application of the principle of exhaustion in the online area.