THE RIGHT OF DISTRIBUTION OF PERFORMANCE FIXATIONS AND FIRST SALE DOCTRINE IN THE DIGITAL AGE

Abstract

The article is dedicated to examining the unique aspects of a fundamental right held by performers - the right of distribution of the performance fixations.

Although the RA Law "On Copyright and Related Rights" provides the right to distribute performance fixations, the legal regulations do not reveal the essence of the distribution right. Moreover, the law does not provide detailed regulations pertaining to the right of exhaustion, or more specifically, the doctrine of first sale, which is inherently intertwined with the right of distribution.

It's worth highlighting that the concept of exhaustion rights, particularly within the digital age, has sparked extensive deliberation within international practice and scholarly circles. Consequently, this article provides an in-depth examination of the recent stances taken by both the US and EU courts concerning the notion of digital exhaustion.

Based on the studies and analysis, the article summarizes that the right of exhaustion should be interpreted as applicable only in the case of the distribution of performances fixed on tangible objects. Consequently, in instances where performances are, for instance, hosted on streaming services, the doctrine of exhaustion finds no applicability. Furthermore, despite the absence of a specific response within Armenian legal practice and legislation regarding the interpretation of exhaustion rights in the digital realm, the article asserts that the interpretation within the Armenian legal system should exclude the application of the doctrine of first sale to digital fixations of performances.