Exhaustion of rights - the broader implications of the CJEU's ruling in Art & Allposters
The principle of exhaustion is a hot topic in copyright with important commercial ramifications, particularly in relation to 'online exhaustion' and the viability of a second-hand market in digital content.A key aspect of the CJEU’s ruling is its view that the exhaustion of the distribution right under the InfoSoc Directive covers the tangible object into which a work (or a copy of it) is incorporated. In other words, it is inherently tied to the physical medium (e.g. paper, canvas) on which the work is expressed.
Tags: CJEU decision, exhaustion principle, InfoSoc Directive, copyright