First Sale Doctrine Music

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 -
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Digital First Sale: Online Marketplace For "Used" Digital Music Strikes Discord With The Copyright Act

A recent decision out of New York illustrates the difficulty that courts in the digital era face in applying laws designed for a brick-and-mortar world. In Capitol Records, L.L.C. v. ReDigi Inc., the U.S. District Court for...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 19, 2013

- Capitol Records, LLC v. ReDigi, Inc., USDC S.D. New York, March 30, 2013 ..District court grants summary judgment in favor of plaintiff Capitol Records on its copyright claims against ReDigi, online “reseller” of...more

Federal Court Says No to “Used” Digital Music Marketplace

Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a...more

Capital Records v. ReDigi, Inc.: New York District Court Determines that First Sale Doctrine does NOT apply to Digital Media. Did...

On March 30, 2013, only 11 days after the United States Supreme Court’s decision in Kirtsaeng v. Wiley to extend the first sale doctrine to foreign made goods, a United States District Court in the Southern District of New...more

Southern District of New York Holds Copyright First Sale Doctrine Does Not Apply to Digital Music Files; Resale of Digital Music...

In Capital Records, LLC v. ReDigi Inc., 12 Civ. 95, (Mar. 30, 2013) (“Capital Records v. ReDigi”) Judge Sullivan of the Southern District of New York held that the copyright “first sale doctrine is limited to ‘material...more

The Aereo and ReDigi Decisions: Courts Continue to Wrestle With the Application of Copyright Law to the Redistribution of Digital...

A series of recent decisions in the Second and Ninth Circuits—including Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution of user-posted copyrighted content by video hosting services) and AP v. Meltwater...more

The Interplay Between Digital Media and the First Sale Doctrine

The first sale doctrine allows owners of copies of copyrighted works (e.g. used books, CDs, DVDs) to resell their copies without restriction, and it is this distinction between sales and licenses that has made the licensing...more

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