UCHastings Instagram

          UC Hastings Trial Team Crowned National #Champions! Find the link in our profile for the full story! #winning #UCHastings
          Instagram Photo Likes kvanrobinson, jintongbfa, thenewbrutality and 48 others like this.
          Thursday, August 01, 2013

          Adjunct Joseph Gratz: Does Resale Market for Online Music Violate Copyright Act?

          ReDigi says its service is protected by the Copyright Act’s first-sale principle, which would allow people to resell their used CDs at flea markets or online. The doctrine, originally set out by the U.S. Supreme Court in 1908, provides that copyright owners can’t prevent people who have purchased material from reselling it.

          But the record industry views the service differently. The major labels contend that ReDigi makes unauthorized copies of MP3s. The industry says that even if first-sale principles let people resell what they have purchased, they can’t sell a copy of that material—regardless of whether it is a homemade recording of an album or an MP3 file.

          Despite technology companies’ interest in enabling sales of used digital media, some copyright experts say ReDigi will have an uphill battle. “The standard view is that whenever you’re making a new copy, you’re infringing the reproduction right,” says Joseph Gratz, an adjunct faculty member at the University of California’s Hastings College of the Law in San Francisco. “Making new copies is something that you’re not allowed to do without a license.”

          At the same time, Gratz adds, the rationale behind the prohibition on copying is to enable the owner to control the total number of copies in the world. If a system like ReDigi’s deletes the user’s version as it uploads a copy to the company’s servers, the total number of copies in existence remains constant. That’s different from file-sharing services, where countless people can download the same track after one consumer has uploaded it.

          Read the full story in the ABA Journal here.

          Go to News Archive

          Share this Story

          Share via Facebook
          Share via TwitterShare via EmailPrint Friendly Version

          Other Recent Stories/ RSS

          Friday, February 05, 2016

          UC Hastings named to PreLaw’s “Best” Lists for Government, IP, and Tech Law Specialties

          Students benefit from depth and breadth of classroom offerings, experiential opportunities.
          Tuesday, February 02, 2016

          Center for Gender & Refugee Studies Files "Rocket Docket" FOIA Lawsuit

          "This information could be the difference between life and death for many Central American women and children," says CGRS Senior Staff Attorney Christine Lin.
          Monday, February 01, 2016

          UC Hastings Trial Team Crowned National Champions

          3Ls Chelsea Heaney, Mira Karageorge, Justin Page and Hannah Worek earn 1st Place at ABA Section of Labor & Employment Law's 12th Annual Law Student Trial Advocacy Competition
          Friday, January 29, 2016

          Thinkers & Doers: Jan. 29, 2016

          UC Hastings community members in the news and making moves.
          Wednesday, January 27, 2016

          UC Hastings Signs New Exchange Agreement with the National Taiwan University College Of Law

          Expanding relationships in the region, providing opportunities for students and graduates of the two institutions to forge new ties.
          Go to News Archive