Is There A Digital First Sale?

14 03 2018

Is There A Digital First Sale?

Above the Fold

The Copyright Act grants the owner of a copyright certain rights, including the right to reproduce, to distribute, and to perform and display the copyrighted work. 17 U.S.C. § 106. However, these rights are limited by other sections of the statute. One such limitation to the distribution right is known as the “first sale doctrine,” which states, “the owner of a particular copy or phonorecord lawfully made [] is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. Id. at § 109(a). For example, if you purchase a DVD at the store, you own a particular copy of a copyrighted work. You can resale the DVD, give it away, or destroy it without infringing the copyright owner’s right of distribution. The same is true for any number of copyrighted works fixed in a variety of mediums, e.g., a CD, cassette, vinyl record, book, photograph, art print, etc. But what about digital content? That is, can you resell a song or movie you lawfully purchase and download?

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The content in this post was found at https://advertisinglaw.foxrothschild.com/2018/03/digital-first-sale/ Clicking the title link will take you to the source of the post. and was not authored by the moderators of freeforafee.com.

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Misusing Mickey Mouse: The Fight Over Movie Download Codes

27 02 2018

Jetlaw

Barrett Lingle

In November, Walt Disney Co. sued Redbox in an attempt to stop the DVD rental company from selling digital copies of its movies. At the center of the suit are movie download codes that can be used to download a digital copy of a Disney movie and are included with a Blu-ray disc and a DVD in each “combo pack” Disney sells. Disney filed a motion for a preliminary injunction against Redbox after Redbox began disassembling the “combo packs” it purchased from Disney and selling the codes separately to consumers.

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Future of Libraries – Need First Sale for ebooks

16 12 2017

How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them?  The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries.  Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.

Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers.  The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.

It is essential to libraries, and the term existential would not be too great a term to use, to be able to own digital files, and care for them via preservation and library lends (e.g. to one person at a time) just as they do with print.  Can readers count on books being available a year or two or five after publication? The existence of libraries has made this possible from their inception until now.

The flexibility of digital content allows for an endless array of licensing opportunities (e.g. multiple simultaneous users) which is mutually beneficial to both publishers and users.  It is not practical to rely only on first sale for library delivery of econtent. The two modes for libraries to acquiring ebooks, licensing and first sale are not mutually exclusive but mutually dependent.

 

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Digital Resale & Copyrights: Why the Second Circuit Won’t Buy It

12 10 2017

In 2011, ReDigi Inc. introduced technology that effectively attempted to establish a secondary market for “used” digital music files, where owners who had legally downloaded music files from iTunes could sell the music that they no longer wanted.  In a nutshell, the system allowed the owner of a digital file to transfer the music to ReDigi’s cloud storage locker, from which ReDigi could then sell it to a willing buyer for a lower price than the cost of an “original” purchase from the iTunes Store.  When a sale was made, Redigi would retain 60% of the sales price, while the seller and artist got 20% each. Although the process of transferring a file from an owner’s personal computer to ReDigi required that it be reproduced on ReDigi’s server, the system removed the file from the owner’s personal computer as the file was moved.  Capitol Records, the copyright owner of many music files sold over the ReDigi system, sued ReDigi for copyright infringement, alleging that the company reproduced and distributed its copyrighted works without permission.

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The content in this post was found at http://www.ipwatchdog.com/2017/10/11/digital-resale-copyrights-second-circuit-wont-buy/id=88965/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Future of Libraries – Need First Sale for ebooks

20 02 2017

How will libraries hold onto ebooks and other digital files like mp3s so that readers and scholars in the future can still read them?  The current state of affairs relies on license agreements with publishers who in turn license to vendors, who in turn, license to libraries.  Hardly sustainable when files can and do disappear when either the publisher or the vendor no longer offer them.

Libraries rely on the right of first sale to lend print books, and need an analogous right in the world of ebooks and digital music. To that end, the American Library Association, the Association of College and Research Libraries, the Association of Research Libraries and the Internet Archive filed a brief on Feb. 14, 2017 in support of Redigi, a company that sells used mp3 files to music customers.  The brief argues that an evaluation of Fair Use should consider the rationale of the First Sale doctrine, and other specific exceptions. It argues that enabling the transfer of the right of possession should be favored under Fair Use.

more


The content in this post was found at http://fairuse.stanford.edu/2017/02/19/future-libraries-need-first-sale-ebooks/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



Commerce Recommends Amendments to Copyright Act Statutory Damages Provisions

16 01 2017

Earlier today the U.S. Department of Commerce issued a report titled White Paper on Remixes, First Sale, and Statutory Damages, which recommends amendments to U.S. copyright law that would provide more guidance and greater flexibility to courts in awarding statutory damages. However, the Task Force has found insufficient evidence to show that there is a change in circumstance in the markets or technology that requires action on amending the first sale doctrine.

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The content in this post was found at http://www.ipwatchdog.com/2016/01/28/commerce-department-recommends-amendments-to-copyright-act-statutory-damages-provisions/id=65490/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



US carriers agree to unlock customers’ phones after pressure from FCC

17 12 2013
AT&T, Verizon Wireless, Sprint, T-Mobile, and US Cellular have “voluntarily” committed to unlocking customers’ cell phones once their contracts have been paid off. The wireless carriers will notify customers when their devices are eligible to be unlocked, “or automatically unlock devices remotely, for free,” the Federal Communications Commission (FCC) said today.While the agreement was described as voluntary, FCC Chairman Tom Wheeler had told the carriers he would pursue regulation if they didn’t comply with his terms. A recent ruling by the Librarian of Congress meant that a consumer unlocking his or her own phone would be violating the Digital Millennium Copyright Act’s anti-circumvention provisions. Today’s agreement should sidestep that by putting the onus to unlock on the carrier, although it doesn’t help consumers who are still under contract.

 

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The content in this post was found at http://arstechnica.com/business/2013/12/us-carriers-agree-to-unlock-customers-phones-after-pressure-from-fcc/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.



The Supreme Court’s Kirtsaeng Ruling Is Good News for Consumers, but the First Sale Doctrine Is Still Doomed–Kirtsaeng v. John Wiley (Forbes Cross-Post)

26 11 2013

By Eric Goldman

Kirtsaeng v. John Wiley & Sons, No. 11–697 (U.S. Supreme Court March 19, 2013).  Prior blog post of the Second Circuit ruling in the case.

In Kirtsaeng v. John Wiley & Sons ($JW-A), the U.S. Supreme Court ruled that U.S. copyright law doesn’t restrict the importation of legitimate copyrighted works manufactured and sold overseas.  As a result, publishers cannot use U.S. copyright law to enforce their price discrimination schemes of pricing copyrighted works on a per-nation basis.

This ruling is a legal victory for U.S. consumers, who should see cheaper prices in the short run.  This ruling is also a win for museums, libraries and other institutional collectors of copyrighted works, who face less risk now when acquiring copyrighted works (especially those initially sold overseas).  Still, amidst the good news, it’s impossible to ignore the rapid and probably irreversible demise of copyright’s First Sale doctrine, meaning this legal victory is likely short-lived at best.

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First Sale Doctrine Doesn’t Allow Resale of Digital Songs – Capitol Records v. ReDigi

26 11 2013

[Post by Venkat Balasubramani, with comments from Eric]

Capitol Records, LLC v. ReDigi Inc., 2013 WL 1286134 (S.D.N.Y. Mar. 30, 2013)

[There has been a recent whirlwind of copyright activity in the courts. We will try to get caught up soon!]

ReDigi looks like a law professor’s exam question that sprang to life. The basic question involves the legality of a marketplace for digital music files. Unfortunately for ReDigi, the court is not very sympathetic to its enterprise, and the court grants Capitol’s request for summary judgment.  I expect an appeal will be forthcoming.

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Apple follows Amazon with patent for resale of e-books, music

21 03 2013
Is Apple looking to get into the digital lending and resale game? A recently published Apple patent application indicates as much, making publishers wonder whether Apple is truly their friend or foe. The patent addresses how licensed content such as e-books, music, movies, or even software can be moved between users while attempting to respect the rights of copyright holders. But even with provisions that would pay copyright holders a portion of the content’s resale price, publishers and musicians are unlikely to cheer, as they see digital resale as a threat to their existing revenue models.

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The content in this post was found at http://arstechnica.com/apple/2013/03/apple-follows-amazon-with-patent-for-resale-of-e-books-music/ and was not authored by the moderators of freeforafee.com. Clicking the title link will take you to the source of the post.