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, May 18, 2018

          UC Hastings Students Speak at UN Human Rights Council in Geneva

          Members of the Hastings Human Rights and International Law Organization attended the 37th Session of the United Nations Human Rights Council to meet diplomats, engage in discussions on human rights issues, and deliver advocacy statements during proceedings.
          Wednesday, May 09, 2018

          Joseph W. Cotchett, Champion for Justice and Titan of the Plaintiffs Bar, is UC Hastings Law's 2018 Commencement Speaker

          Litigation Trial Lawyers Hall of Famer and UC Hastings Alumnus, Class of 1964, to keynote the College’s 137th Commencement
          Friday, May 04, 2018

          Blek le Rat, “The Godfather” of Stencil Graffiti, Contributes Installation at UC Hastings

          The innovative street artist is taking to the streets with works throughout San Francisco to promote a rare North American exhibition.
          Friday, May 04, 2018

          UC Hastings Professor Veena Dubal’s Work Plays Role in California Supreme Court Ruling

          “The Dynamex Decision” creates a major change in the landscape for California’s gig economy and follows the path of Professor Dubal’s analysis from her scholarly work.
          Wednesday, May 02, 2018

          Thinkers & Doers: April 2018

          Professor Dubal cited in the California Supreme Court’s Dynamex decision – Professor Aviram discusses “Sanctuary City” litigation outside the Ninth Circuit – Ellen DeGeneres asks Kamala Harris about 2020 presidential aspirations – How Asylum Works and Doesn’t Work – Professor Ball earns national recognition with 2018 Shanara Gilbert Award – Highlights from the Spring Soirée – and much more
          Go to News Archive