UCHastings Instagram

"There's so much to do." Rising 2L Alexandra Wilson, President of Hastings Students for Immigrants' Rights and Co-Vice President of Hastings Public Interest Law Foundation. #humansofuchastings
Instagram Photo Likes altinesq, alexagshapiro, lobsterkilla and 8 others like this.
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, July 24, 2014

UC Hastings Center for WorkLife Law Awarded $40,000 Grant from Washington Center for Equitable Growth

Funds will enable the Center to provide the labor, business and public policy communities with the academic research they need to make informed decisions that reduce inequality for potentially thousands of low-wage, hourly workers.
Wednesday, July 23, 2014

"We are, as they say, everywhere!"

Q&A with Tiela Chalmers '86, CEO of the Alameda County Bar Association.
Wednesday, July 16, 2014

Rising 2L Evelina Chang: Effortless Networking 101

Rising 2L and Ms. JD 2014 Summer Public Interest Scholarship Winner Evelina Chang answers the question: “What's the best advice you never got when it comes to law school, lawyering, or public interest law?"
Monday, July 14, 2014

New EEOC Guidance “Significant Victory” for Pregnant Workers

Enforcement guidelines cite and adopt theories from expert Professor Joan C. Williams, Center for WorkLife Law.
Friday, July 11, 2014

Thinkers & Doers: July 11, 2014

UC Hastings people in the news and making moves.
Go to News Archive