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

          Thursday, April 20, 2017

          Legalized: Aaron Herzberg ’95 is at the forefront of California’s budding cannabis industry.

          2L Jeremy Schwartz, President of UC Hastings Law Students for Sensible Drug Policy, interviews the divorce attorney turned marijuana real estate entrepreneur and dispensary owner.
          Tuesday, April 18, 2017

          UC Hastings Courtside: 3L Tom Lin Externs at the Supreme Court of California

          With the goal of becoming a first-generation attorney, Tom served as a judicial extern to the Hon. Goodwin H. Liu and Hon. Ming W. Chin, Associate Justices of the Supreme Court of California.
          Monday, April 10, 2017

          Healing and Trust: Students Organize Public Hearing for the San Francisco Human Rights Commission

          The “rebellious” Community Group Advocacy and Social Justice Lawyering Group Clinic students strive to create dialogue around the current state of community-police relations and take steps toward building a safer community.
          Friday, April 07, 2017

          Judge Jed S. Rakoff to Keynote 136th UC Hastings Law Commencement

          Prominent legal thinker and scholar hailed as “a legal hero of our time” by Rolling Stone, and among “The World’s 50 Greatest Leaders” by Fortune.
          Thursday, April 06, 2017

          Thinkers & Doers: March 2017

          The Californian who tried to fix Washington -- TRIAL TEAM IS #1 -- Clean Water Regulation Rollbacks -- Big Whistle-Blower Lawsuit Win -- “Defender” Documentary -- Boutique Suing Ivanka Trump -- The Endangered Antiquities Act -- and much more
          Go to News Archive