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A “License To Read”: The Effect Of E-Books On Publishers, Libraries, And The First Sale Doctrine, Rachel A. Berube

Rachel A Berube

E-books are rapidly displacing sales of books and transforming the way the American public understands and accesses information. Yet as e-books grow in popularity, the threat of piracy grows alongside them. Thousands of people search for pirated books online every day, and more are likely to follow as e-books become the norm rather than the exception. To displace this threat, publishers convinced Congress to abandon the first sale doctrine in favor of a market theory that allowed publishers to license, rather than sell, their copyrighted works.

Yet a decade later, Congress’ decision has not only failed to ensure publishers’ continued …