CAPITOL RECORDS v. REDIGI and THE FIRST SALE DOCTRINE
A presentation by Ray Beckerman, Esq. of Ray Beckerman, PC
March 20, 2012 4 pm – 6 pm
NEW ENGLAND LAW/BOSTON
154 Stuart Street, Boston, MA
The Entertainment and Sports Law Organization and Intellectual
Property Law Association of New England Law/Boston
in connection with
THE COPYRIGHT SOCIETY OF THE USA/New England Chapter
Patti Jones, Esq. and Lucy Lovrien, Esq. Co-Chairs
Ray Beckerman’s firm is defending ReDigi, Inc., a Cambridge-based tech startup which provides its users with online cloud storage and a digital music marketplace for select song files, in Capitol Regords v. ReDigi. The action was commenced on January 6th, and Capitol Records’ motion for preliminary injunction was denied on February 6th. The case involves the question of whether digital music files are, in the first place, subject to the Copyright Act’s “distribution right”, and if so whether under the circumstances presented by ReDigi’s technology and business methods are nevertheless subject to the “copyright exhaustion” and “first sale” exceptions to the distribution right, which attach to the resale of a single, particular copy as to which the copyright owner has already received its compensation on the “first sale”.
Google, recognizing the importance of the case, sought leave to submit an amicus curiae brief in support of ReDigi’s position in connection with the preliminary injunction motion, but the Judge denied permission.
Ray is associated with Ray Beckerman, PC, in Forest Hills, Queens,in New York City, where he works side by side with his colleague Ty Rogers. He is a veteran commercial litigator, and the author of the popular internet law blog, “Recording Industry vs. The People”. He is known as “NewYorkCountryLawyer” on slashdot.org and as @raybeckerman on Twitter.
Ray attended law school at night, at St. John’s University School of Law, while
working during the day at Phillips, Nizer, Benjamin, Krim & Ballon
An Introduction to the First Sale Doctrine will be presented by Professor Russell VerSteeg of New England Law/Boston.
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