"In the Netflix/Spotify/Amazon era, many of us access copyrighted works purely in digital form - and that means we rarely have the chance to buy them. Instead, we are stuck renting them, subject to all kinds of terms and conditions. And because the content is digital, reselling it, lending it, even preserving it for your own use inevitably requires copying. Unfortunately, when it comes to copying digital media, US copyright law has pretty much lost the plot."
"First sale-the principle that once you buy a copyrighted work you have the right to re-sell it, lend it, hide it under the bed, or set it on fire in protest-is deeply rooted in US copyright law. Indeed, in an era where so many judges are looking to the Framers for guidance on how to interpret current law, it's worth noting that the first sale principles (also characterized as "copyright exhaustion") can be found in the earliest copyright cases."
Many consumers access copyrighted works exclusively in digital form, which often means acquiring access through licensing rather than purchase. Digital access prevents traditional resale, lending, or private preservation because those activities require copying. US copyright law has failed to adapt to these realities, eroding application of the first sale doctrine. The 1976 Copyright Act remains the last major overhaul, approaching its fiftieth anniversary, and reform faces opposition from entrenched copyright interests seeking extended terms and concentrated revenues. First sale principles are historically rooted and have been characterized as 'copyright exhaustion' in early copyright cases.
Read at Electronic Frontier Foundation
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