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Archive for the ‘Copyright’ 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

Second Circuit Affirms Streaming Broadcast TV Not Copyright Infringement

WNET, Thirteen v. Aereo, Inc.
By Natalie Kim – Edited by Samantha Rothberg

Last Wednesday, the U.S. Court of Appeals for the Second Circuit affirmed the Southern District of New York’s July 2012 denial of a preliminary injunction motion filed against Aereo by several broadcast TV networks.

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Posted On Apr - 10 - 2013 Comments Off READ FULL POST

Ninth Circuit Affirms DMCA Safe Harbors for Streaming Video Providers

UMG v. Veoh
by Pio Szamel ­– Edited by Jacob Rogers

The Ninth Circuit affirmed the Federal District Court for the Central District of California, which had granted summary judgment finding that the streaming-video host Veoh was protected by the safe harbor provisions of the Digital Millenium Copyright Act (“DMCA”) and dismissed additional infringement claims against Veoh’s investors.

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Posted On Apr - 1 - 2013 Comments Off READ FULL POST

Supreme Court Holds the First Sale Doctrine  Applicable to Parallel Importation

Kirtsaeng v. John Wiley & Sons, Inc.
By Sarah Jeong – Edited by Alex Shank

The Supreme Court held in a 6-3 decision that the “first sale” doctrine applies to copies of copyrighted work lawfully made abroad, reversing the judgment of the Court of Appeals for the Second Circuit. The case involved the resale in the United States of approximately 600 copies of textbooks that originally had been bought in Thailand at relatively inexpensive prices.

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Posted On Mar - 30 - 2013 1 Comment 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
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