Intellectual Property
Jan. 21, 2011
'This CD Is for Resale!’
A recent 9th Circuit case establishes that unsolicited promotional CDs are subject to the first sale doctrine, regardless of licensing language or compensation. By William E. Maguire.
In UMG Recordings Inc. v. Troy Augusto, 2011 DJDAR 235 (9th Circuit, Jan. 4), UMG sought to stop the auctioning and distribution of promotional music CDs acquired secondhand or otherwise indirectly by the defendant, Troy Augusto.
UMG is undisputedly one of the world's largest music companies. One of its biggest businesses is the creation, manufacture, and sale of recorded music, or phonorecords, the copyrights of which ...
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