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Germany: Rights holders can control digital content resale if not software

Zone(s): Germany ¦ Sector(s): Digital Rights Law

[25 June 2014,, legal news and guidance from Pinsent Masons] On 25 June, reported that providers of digital content other than software may prohibit the resale of their material by purchasers, a German court has ruled. A higher regional court in Hamm found that the owners of downloadable digital content, such as video and audio files, do not lose their right to control the distribution of those works after selling it for the first time. There is no exhaustion of copyright owners’ rights to control the sale of digital content beyond the first sale of their material in a market even where the content has been transferred onto a CD or other physical medium, the court ruled.