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6 N. Ill. L. Rev. Supplement i (2014-2015)

handle is hein.journals/nnislwrsp6 and id is 1 raw text is: Northern Illinois University
Law Review
Volume 6                             Fall 2014                            Number 1
ONLINE JOURNAL
NOTE AND COMMENT
'Fixing' the First Sale Doctrine: Adapting Copyright Law to the New Media
Distribution Paradigm
S am u el  P erk in s .................................................................................... ..  1
This Article discusses Section 109 of the Copyright Act, the first sale
doctrine, in the context of digital media and internet-based storage.
Traditionally, the first sale doctrine served as an important limitation on the
exclusive rights of copyright owners, allowing copies of lawfully obtained
works to be resold without interference from the copyright owner. As a result
of this limitation, physical media remains freely alienable after the first sale,
providing secondary markets for used copies and more consumer choice.
However, due to the nature of digital media and the recent market shift
among media distributors, first sale doctrine has become ambiguous and
inconsistently applied.
This Article argues that Section 109 of the Copyright Act should be amended
to allow consumers to resell their lawfully acquired digital media. By
amending the Copyright Act for the digital media age, copyright holders will
benefit from the increased clarity of the extent of their rights, while
consumers will benefit from greater choice and competition in the market.
Alternatively, this Article argues that reinterpreting the first sale doctrine
using the common law principle of copyright exhaustion is necessary to
restore the balance between the ability of copyright holders to exploit their
works and the ability of consumers to alienate and resell their property.
Protecting the Sanctity of Family: An Argument for the Equitable Parent
Doctrine
K elli  S chm idt  .................................................................................. . .  29
This Comment examines the rights of men who held themselves out as a
child's father or who did not know they were the biological father with a
focus on the equitable parent doctrine. Because the equitable parent doctrine
has not been adopted in Illinois, the author proposes new legislation. The
proposed legislation establishes factors to assist a court in determining when
a man should be granted rights to a child with respect to two different

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