Do i really own the digital media i bought?
You have a massive collection of e-books, music, video games, software, and movies that you bought as a digital download, and you probably think you own them, like you own a physical book or a DVD. Think again.
Remember those terms you clicked on as part of your “purchase?” Chances are, those terms were a license, which set the rules for how you could use that content—like the rental agreement on an apartment.
That agreement—which the digital landlord (copyright owner) knows you didn’t read— means you can’t trade your stuff in, give it away, or sell it. It also means it can disappear at any time.
If the company you bought it from shuts down, changes its terms, or just flat out loses the rights to what you’ve “bought,” that content can be clawed back from your devices. We know this because it’s happened already. Back in 2009, people who had copies of George Orwell’s 1984 woke up one morning to find their book gone from their Kindles because of a beef between Amazon and the publishers. In 2018, iTunes customers who purchased films were shocked to notice that Apple sometimes deletes titles from users’ libraries for licensing reasons. And in 2024, customers who purchased content through the Redbox app found it difficult or impossible to access after the company filed for bankruptcy.
Here's how it works
When you buy a physical copy of a movie, video game, or album, you have the right to lend, donate, or resell that copy. This is because of the “first sale” doctrine, which is based on the idea that the copyright holder got the full value of their material the first time a copy sold. Now, the copyright holder no longer owns the copy—you do. Even if the copyright holder would prefer you to not give it away or resell it, you can. This doctrine is one of the most important limitations on the reach of copyright law. Llibraries and used book sellers rely on the “first sale” doctrine. But the copyright industries have never liked first sale, since it creates competition for their titles. Neither do the tech giants running the stores that sell you the downloads.
The first sale doctrine hasn’t followed us online. With rare exceptions, you can only rent online content. (This is distinct from streaming services like Spotify or Netflix, where you pay a flat rate for access to an ever-changing collection of content you can’t control). Companies use all sorts of methods to make sure that you can’t give away or resell your download, like embedding it with Digital Rights Management (DRM) software that stops you from duplicating it. That same software also makes it harder for people who need to modify their devices or content to make it more accessible—like someone who is colorblind being unable to use a third-party app to automatically replace the colors they can't see with the colors they can.
Why this needs to change
Content you purchased shouldn’t disappear if a publisher and a tech company get into a fight. You should be allowed to sell, gift, and donate your property. "Fair use" laws may still protect many uses of digital content, but without a clear digital first sale right, you or your loved ones take on legal risk if you:
- give a used textbook to a friend who can’t afford to buy it new.
- leave your amazing music collection to a family member in your will.
- resell a used video game that you’ve only played a few times.
- transfer your media collection from one media platform to another.
Limiting access to donating, lending, and reselling keeps knowledge and content gated by a digital divide where people who can’t afford subscription fees or purchasing content new are left out.
Congress, the courts, and free markets once rejected these efforts to undermine the first sale principle. But over the last two decades, publishers and tech companies have gotten far too much leeway to use license agreements to chip away at your rights.
What you can do
Where Possible, Buy Physical Copies
It shouldn’t be so difficult to truly own digital copies of media, but while it is, one solution is simple: buy physical copies when you can.
Watch Out for DRM
Digital Rights Management (DRM) technologies attempt to control what you can and can't do with the media and hardware you've purchased. Much of the time, this technology is embedded in the media you “buy” to keep you from transferring it to other platforms.
Look for Stores That Sell DRM-Free Content
Just because a lot of the stores only sell digital media loaded with DRM doesn't mean everyone does. Some stores, like GOG for video games, Bandcamp for music (and Apple Music, for that matter), and Smashwords for books all specialize in or offer DRM-free content. But even major players, like Amazon, provide DRM-free options if a publisher insists on it.
Learn More About the Law
- You don’t really own the digital movies you buy.
- Hollywood’s Insistence on New Draconian Copyright Rules Is Not About Protecting Artists.
- The Digital Millennium Copyright Act.
Learn About the History of Copyright
At the turn of the 20th century, book publishers tried to impose a minimum resale price on books by putting a notice in every copy. In the 1930s, record labels put "private use only, not for broadcast" notices on records in an attempt to block radio stations from playing their records without additional payment. In the 1980s, movie studios tried the same thing with video cassettes, attempting to control the video rental business.
EFF has your back
The Electronic Frontier Foundation works to defend your right to own what you buy. Your right of first sale should apply to digital works, and it’s unfair to buy something when the terms say you don’t really own it. We fight in Congress to stop laws that would take your digital rights away, and in court to ensure that copyright holders can’t re-write the law to undermine user rights and the public interest. We've won many protections for physical media, worked to expand your right to make fair uses of physical and digital content, and even protected your ability to make podcasts. Now we need your help to change the law to give you the same rights online that you have offline. It’s happened in other countries, and it can happen here, too.