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You say you want a revolution: RIAA does not agree that ReDigi’s “legally downloaded digital music” marketplace qualifies for first sale protection

  • Pattishall McAuliffe Newbury Hilliard & Geraldson LLP
  • -
  • USA
  • -
  • November 16 2011

Two potentially revolutionary “disruptive technologies” were back in the news this week.

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The Aereo and ReDigi decisions: courts continue to wrestle with the application of copyright law to the redistribution of digital content

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • April 9 2013

A series of recent decisions in the Second and Ninth Circuitsincluding Viacom v. YouTube and UMG v. Veoh (both dealing with the distribution

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Judge allows sales of “used” MP3 files to continue

  • Scott & Scott LLP
  • -
  • USA
  • -
  • February 22 2012

On February 6, 2012, a judge for the U.S. District Court for the Southern District of New York ruled that ReDigi an upstart, online marketplace for “used” MP3 files can continue operating pending the outcome of copyright-infringement litigation initiated by Capitol Records.

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The interplay between digital media and the first sale doctrine

  • Holland & Knight LLP
  • -
  • European Union, USA
  • -
  • April 3 2013

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

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Kirtsaeng v. John Wiley & Sons, Inc. and the ghost of Quality King

  • Porter Wright Morris & Arthur LLP
  • -
  • USA
  • -
  • April 30 2013

Under a recent U.S. Supreme Court ruling, publishers of books and magazines who print and sell their publications in other countries through

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The basics of music licensing in digital media

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • March 10 2010

Businesses that are involved in digital media use music in many ways and most require some sort of license to make the use legal.

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Technological designs create legal significance Part I

  • Steptoe & Johnson LLP
  • -
  • USA
  • -
  • April 25 2013

Recently, the Second Circuit handed down its much-anticipated decision in WNET v. Aereo, Inc., No. 12-2786, 2013 WL 1285591 (2d Cir. Apr. 2, 2013)

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The end of the shrink-wrap license?

  • Venable LLP
  • -
  • USA
  • -
  • June 30 2010

Who owns the software running on your computer?

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Music royalty settlement announced on mechanical royalties - not a decision on webcasting rates

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • April 11 2012

The broadcast and music trade press brought news of a settlement between music companies and digital media services regrading digital music royalties.

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The basics of music licensing in digital media: 2011 update

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • February 22 2011

Businesses that are involved in digital media use music in many waysand most require some sort of license to make the use legal.

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The basics of music licensing in digital media: 2011 update

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • June 10 2011

Businesses that are involved in digital media use music in many waysand most require some sort of license to make the use legal.

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Vernor v. Autodesk: software and the first sale doctrine under copyright law

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • November 5 2010

The old adage that "possession is ninth-tenths of the law" may not be true any longer, at least with respect to software.

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2010 marks missed copyright opportunities for Supreme Court

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 15 2010

It has been a busy month for the Supreme Court not tackling copyright issues.

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Could software imports from Europe bypass U.S. first sale and IP exhaustion laws?

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • European Union, USA
  • -
  • July 25 2012

On July 3, the Court of Justice of the European Union (CJEU) ruled that a sale of a digital copy of software exhausted the copyright owner's exclusive distribution rights to the copy under Europe's first sale doctrine.

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If you register your copyright claim in your musical recording, are the lyrics protected too?

  • Lewis and Roca LLP
  • -
  • USA
  • -
  • April 30 2010

Sound recordings and musical works are separately copyrightable works that can be owned by the same or different authors.

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Register of Copyrights Maria Pallente calls for comprehensive copyright reform to adapt to the digital world - what is being proposed?

  • Wilkinson Barker Knauer LLP
  • -
  • USA
  • -
  • June 10 2013

The Register of Copyrights, Maria Pallente, has made a series of speeches about the need to modernize Copyright, including offering testimony before

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The Ninth Circuit's Eminem license vs sale decision

  • Heenan Blaikie LLP
  • -
  • USA
  • -
  • September 9 2010

When you're one of the biggest rap stars in the world, it shouldn't be surprising to find news of one of your recent court victories splashed all over the mainstream news; when that court victory prompts reactions like "staggering", no one should be shocked to see major news stories about the court decision being carried by major outlets all over the world.

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Another royalty payment for webcasters? EMI withdraws from ASCAP for new media licensing

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • May 8 2011

Just as webcasters thought that they had their royalty obligations figured out, there comes news that the already complicated world of digital media royalties may well become more complicated.

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Using music in advertising or in a video production? Secure the necessary rights - ASCAP, BMI and SESAC licenses are not enough

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • March 5 2010

Using music in commercials is not as simple as just paying your ASCAP, BMI and SESAC royalties.

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Vernor v. Autodesk: product distribution and resale by licensees may infringe copyright

  • Davis Wright Tremaine LLP
  • -
  • USA
  • -
  • September 27 2010

On Sept. 10, 2010, in Vernor v. Autodesk, Inc., No. 09-35969, slip op. at 13861 (9th Cir. 2010), the U.S. Court of Appeals for the 9th Circuit held that a software reseller was liable for copyright infringement for purchasing used software from a third party and reselling it online.

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Recent cases should make software licensors review their distribution methods and license terms (and they may even make us look at open source licenses in a different way)

  • Andrews Kurth LLP
  • -
  • USA
  • -
  • July 21 2011

Three recent copyright cases from the Ninth Circuit Court of Appeals, Vernor v. Autodesk, Inc., 621 F.3d 1102 (9th Cir. 2010), UMG Recordings Inc. v. Augusto, 628 F.3d 1175 (9th Cir. 2010) and MDY Industries, LLC v. Blizzard Entertainment, Inc., 629 F.3d 928 (9th Cir. 2011), underscore how methods of distribution and license terms can be mutually reinforcing or, alternatively, mutually destructive.

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Autodesk owns your software

  • Foley Hoag LLP
  • -
  • USA
  • -
  • September 23 2010

Autodesk owns your software if you (think you) own a copy of AutoCAD, that is.

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Sony BMG Music Entertainment, et al. v. Tenenbaum

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • December 16 2009

In a file-sharing copyright infringement action, the court grants plaintiff record companies’ motion for summary judgment on the issue of defendant’s fair use defense.

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Restricting distribution of copyrighted works: a Ninth Circuit hat trick

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • April 19 2011

Marketplaces such as eBay, vintage bookstores, and GameStop flourish at least partly through resale of secondhand copies of copyrighted works.

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Second-hand software ok in the EU

  • Scott & Scott LLP
  • -
  • European Union, USA
  • -
  • October 22 2012

A flurry of attention surrounded the recent legal saga of Timothy Vernor and his protracted fight against Autodesk to re-sell software via eBay.

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