News & Analysis as of

Copyright Secondary Markets First Sale Doctrine

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
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

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

JD Supra Perspectives

Can Digital Goods Ever Lawfully Be Resold? A Legal Perspective...

JD Supra Perspectives on

A recent court case in New York highlights the ever-increasing clash between copyright law designed for real-world, physical goods and a modern world embracing all things digital....more

JD Supra Perspectives
Kirtsaeng DBA BlueChristine v. John Wiley & Sons

Supreme Court Decision in Kirtsaeng v. Wiley (Copy)

JD Supra Perspectives on

The United States Supreme Court's long awaited decision on owners' rights in Kirtsaeng v. John Wiley & Sons. In its opinion, the high court upheld the first sale doctrine. In the words of media site Boing Boing: "Supreme...more

Sands Anderson PC

Gray Goods Are Red Hot Copyright Issue

Sands Anderson PC on

You’re in London for business, and you impulsively pick up the newest Harry Potter book in Heathrow for the plane ride, not realizing that this is a limited edition British only version. When you’re done, you try to donate it...more

Mintz - Trademark & Copyright Viewpoints

The U.S. Supreme Court Grants Cert to Decide Scope of First Sale Doctrine

The U.S. Supreme Court has granted cert in order to decide an issue of great importance to all businesses involved in manufacturing and distributing products throughout the world, particularly those involved in retailing and...more

McDermott Will & Emery

Supreme Court to Decide if First Sale Doctrine Permits Importation of Foreign-Made Copyrighted Works Without Authorization

McDermott Will & Emery on

The “first sale doctrine” in copyright law permits the owner of a lawfully made copy of a copyrighted work to sell or dispose of that copy as it sees fit. The Supreme Court of the United States has agreed to hear a case that...more

Snell & Wilmer

Parallel Imports and the First Sale Doctrine

Snell & Wilmer on

Reprinted and/or posted with the permission of Daily Journal Corp. (2011). Under the “first sale” or “exhaustion” doctrine in intellectual property law, a lawful purchaser of a copyrighted, patented or trademarked...more

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