HILARY J. SUMNER
Creating Assets from Innovations

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IP In the News

Is it Legal to Resell Your Digital Music?

Posted on January 23, 2013 at 10:00 AM

ReDigi has created software that purports to remove old digital music files from the user's equipment and then allow that user to resell these files through ReDigi's on-line marketplace.  Capitol Records filed suit against the company in 2012 claiming copyright infringement.   The first sale doctrine seems to suggest that a purchased copy can be legally sold.  But is a digital copy a true "copy" under copyright law?

 

 

UPDATE:  In April 2013 the Court granted summary judgment for Capitol Records, finding that ReDigi's online sale of digital music constitutes copyright infringement. This ruling creates a distinction between physical items and digital ones.  While this case applies to digital music, it may affect the resale of all digital works including e-books. ReDigi may appeal.

Categories: MUSIC ARTICLES, LIABILITY ISSUES, COPYRIGHT ARTICLES

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