Law Commons^™

The Distribution Right In The United States Of America: Review And Reflections, John M. Kernochan

Vanderbilt Law Review

This Essay on the distribution right considers the possibility and the merits of three options now widely discussed. These are: (a) ex-tending the reach of an old right, the right of reproduction, to include the currently debated "droit de destination," or (b) broadening the right of distribution in nations that have such a right by cutting back on the"first sale doctrine"' and other limitations on that right, and (c) giving authors broad control over use of their work. All of these approaches aim to make authors' rights more substantial and effective to achieve their purpose amid the erosions resulting from …