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First Sale Doctrine Copyright Infringement Digital Downloads

The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell,... more +
The First Sale Doctrine is rule of copyright law providing that an individual who knowingly purchases a copy of a copyrighted material has the right to do what they wish with that particular copy, i.e. sell, display or dispose of that copy. However, the First Sale Doctrine does not grant individual purchasers the right to make unauthorized reproductions of copyrighted material and consequently, the First Sale Doctrine cannot be used as a defense against claims of infringing reproductions.  less -
Sunstein LLP

January 2019 IP Update - Digital Resale: Where New Technology Stumbles Over Old Law

Sunstein LLP on

A purchaser of an article of commerce expects to be able to freely sell it regardless of any intellectual property rights that it may embody. The resale of digital files, however, runs into a special barrier that ReDigi...more

Jones Day

Music to Copyright Owners' Ears: Second Circuit Affirms Capitol Records, LLC v. ReDigi Inc.

Jones Day on

A federal appeals court finds that online music service ReDigi infringed Capitol Records' copyrights by allowing users to resell legally purchased iTunes files. Digital music files may not be lawfully resold, according to...more

Davis Wright Tremaine LLP

Copyright’s “Double Spend” Problem: Digital First Sales

For those interested in the evolution of digital currencies, I highly recommend Steven Levy’s “E-Money (It’s What I Want)” article from Wired way back in December 1994. It’s a great read, and presages many current...more

Davis Wright Tremaine LLP

Hugh Jackman’s Conundrum: Can the Blockchain Revitalize the First Sale Doctrine Under Copyright Law?

Blockchain technology offers new possibilities for owners to sell digital copies of “pre-owned” content on secondary markets, as we’ve discussed in prior posts. But virtual flea markets – where an owner of a collection of...more

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