Ninth Circuit extends reach of the first sale doctrine by protecting sales of free and unsolicited compact discs: UMG Recordings, Inc. v. Augusto (Jan. 4, 2011)

The Ninth Circuit recently applied the first sale doctrine in a case involving free and unsolicited promotional compact discs (CDs). The court held that because of the distribution method, title to the promotional CDs was transferred to the recipients, and an infringement action could not be based upon...