News & Analysis as of

First Sale Doctrine The Copyright Act Copyright Litigation

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 -
Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - February 2024

Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more

Robins Kaplan LLP

ReDigi Wants a Re-Do at the High Court

Robins Kaplan LLP on

ReDigi, an online platform that allows users to buy and sell pre-owned digital content directly from other consumers, is asking the Supreme Court to overturn a ruling finding that its services were not protected by the...more

McDermott Will & Emery

Second Circuit: No First Sale Doctrine for Reproduced Digital Files

McDermott Will & Emery on

Holding that reproduction of a digital file for purposes of resale does not fall under the “first sale” doctrine of the Copyright Act, the US Court of Appeals for the Second Circuit affirmed the district court’s grant of...more

Akerman LLP - Marks, Works & Secrets

The Importance of Being Earnest and Objectively Reasonable

Kirtsaeng v. John Wiley & Sons, Inc. continues to make controlling copyright law, visiting the U.S. Supreme Court for the second time on an issue of great importance to copyright owners and litigants. This time, the issued...more

BakerHostetler

Supreme Court Clarifies Test for Fee-Shifting in Copyright Cases

BakerHostetler on

The Supreme Court on June 16 issued a unanimous ruling clarifying the test for awarding attorneys’ fees to successful copyright litigants. The decision, in Kirtsaeng v. John Wiley & Sons, Inc., is sure to have lasting impact...more

Genova Burns LLC

U.S. Supreme Court Clarifies Standard for Awarding Attorneys’ Fees to Successful Copyright Litigants.

Genova Burns LLC on

On June 16, 2016, the U.S. Supreme Court in a unanimous decision, clarified the standard for awarding attorneys’ fees under the Copyright Act. This is the second time the case of Kirtsaeng v. John Wiley & Sons, Inc, No....more

McDermott Will & Emery

Party Raising “First Sale” Defense to Copyright Infringement Bears Initial Burden of Proof - Adobe Systems Inc. v. Christenson et...

McDermott Will & Emery on

Addressing the appropriate allocation of the burden of proof related to the “first sale” defense to copyright infringement, the U.S. Court of Appeals for the Ninth Circuit confirmed that the initial burden of proof falls on...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide