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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...

LaFrance on the First Sale Rule and Ownership versus Licensing of Music CDs

In the third of a rapid-fire trio of opinions distinguishing between sales and licenses, the Ninth Circuit in UMG Recordings, Inc. v. Augusto , 2011 U.S. App. LEXIS 52 (9th Cir. Cal. Jan. 4, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free...