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Student Publications Homepage
ARTICLE CONTENTS
[Pages 577-652]
TOP OF ARTICLE
Introduction
I. Background: The First Sale Doctrine and the DMCA Report
II. Effects of the First Sale Doctrine Before the Emergence of Digital Networks
A. Affordability
1. Retail Price Competition
2. Secondary Sale Markets
3. Rental Markets
4. Public Lending
5. Possible Negative Effects on Affordability
B. Availability
1. Where Copyright Owner Ceases to Make Work Available
a. Works Out of Print
b. Withdrawal or Suppression of Work by Copyright Owner
c. Temporary Withdrawal for Marketing Reasons
2. Preservation of Copyrighted Works
III. Digital Networks and Technological Protection Measures Are Likely to Change Dissemination Patterns
IV. Changing Dissemination Patterns and the Effects of the First Sale Doctrine
A. Affordability
1. Potential for Maintaining or Increasing Affordability
2. Potential for Decreasing Affordability
3. Price Discrimination
B. Availability
1. Potential for Increasing Availability: Out-of-Print Works
2. Potential for Decreasing Availability
a. Withdrawal by Copyright Owner
b. Preservation
Conclusion
Affordability
Availability
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