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Archive for the ‘Fair Use’ Category

S.D.N.Y Holds that the First Sale Doctrine Does not Permit the Resale of a Digital Music File

Capitol Records, LLC v. ReDigi Inc.
By Charlie Stiernberg – Edited by Andrew Crocker

Internet startup ReDigi—“the world’s first and only online marketplace for digital used music”—recently suffered a setback in the rollout of its digital music resale platform. Judge Sullivan for the District Court for the Southern District of New York granted plaintiff Capitol Records’ motion for partial summary judgment on its claims for defendant ReDigi’s direct, contributory, and vicarious infringement.

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Posted On Apr - 19 - 2013 Comments Off READ FULL POST

Jersey Boys’ Use of Ed Sullivan Show Clip Is Fair Use, Ninth Circuit Affirms

SOFA Entm’t, Inc. v. Dodger Prods., Inc.
By Erica Larson – Edited by Alex Shank

The Ninth Circuit affirmed the decision of the District Court for the Central District of California to grant summary judgment and award attorneys’ fees to Dodger Productions, Inc. (“Dodger”) in its suit against SOFA Entertainment, Inc. (“SOFA”). In an opinion by Judge Trott, the court concluded that Dodger’s unlicensed use of a clip from the Ed Sullivan Show fell squarely within the fair use exception.

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Posted On Mar - 19 - 2013 Comments Off READ FULL POST
Section 1201 Rulemaking: Fifth Triennial Proceeding to Determine Exemptions By Jessica Vosgerchian – Edited by Dorothy Du Recommendation of the Register of Copyrights On October 25, the Register of Copyrights and the Librarian of Congress announced new recommendations for exemptions to Section 1201(a)(1)(A) of the Digital Millennium Copyright Act (“DMCA”) effective October 28. Section 1201(a)(1)(A) of the DMCA makes it illegal to circumvent technological controls found in electronic devices that control access to copyrighted works. Section 1201(a)(1)(B), however, allows the ... Read More...
Posted On Nov - 7 - 2012 1 Comment READ FULL POST

On Wednesday the U.S. District Court for the Southern District of New York granted HathiTrust’s motion for summary judgment on the copyright infringement claims, dismissing the claims brought by the Authors Guild. The HathiTrust Digital Library (“HDL”) is a massive, Google-affiliated book-digitization project led by academic institutions such as the University of California and Indiana University; it had scanned and placed books in the HDL without consulting rights holders.

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Posted On Oct - 15 - 2012 1 Comment READ FULL POST
California District Court Dismisses Oracle’s Copyright Infringement Claims Against Google, Finds APIs not Copyrightable By Susanna Lichter – Edited by Jennifer Wong Oracle America, Inc., v. Google Inc., No. C 10-0361 WHA (N.D. Cal. May 31, 2012) (hosted by Groklaw) The U.S. District Court of Northern California in San Francisco dismissed Oracle’s claims that Google had infringed Oracle’s copyright in 37 application programming interfaces (“APIs”), holding that the particular elements duplicated in Google’s Android operating system were free for all ... Read More...
Posted On Jun - 10 - 2012 Comments Off READ FULL POST
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