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RIDA 270 | 10-2021

Doctrine

“Resale” of dematerialized copies of works of the mind from the perspective of author’s rights

VARET, Vincent

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This article explores the possibility, under French and European law, for the "owner" of a digital file incorporating a work protected by copyright (musical, audiovisual, graphic work, video game, etc.), which was legally obtained, to "resell" it freely, i.e. without the authorization of the owner of the copyright relating to this work. It is essentially a question of determining whether such an operation falls within the scope of the distribution right, subject to exhaustion, or the right of communication to the public or the right of reproduction. If, apart from the specific case of software, the answer in principle is negative, there are situations in which a positive answer seems possible.