About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

97 J. Pat. & Trademark Off. Soc'y 232 (2015)
It's My Copy and I'll Sell It If I Want to: Capitol Records, LLC v. ReDigi Inc

handle is hein.journals/jpatos97 and id is 244 raw text is: 



232


       It's  My Copy and I'll Sell It If I Want To:

            Capitol Records, LLC v. ReDigi Inc.



                              David  Hamilton*








                                   Abstract
   Does  the first-sale doctrine protect a reseller of lawfully purchased digital music
files from liability under the U.S. Copyright Act when only one file remains after the
transfer? In a case of first impression, the Federal District Court for the Southern
District of New York held that it does not in Capitol Records, LLC v. ReDigi Inc.
   This Comment   takes the opposite position. The first-sale doctrine should apply
for three related reasons. First, digital music should be treated as material objects
under the Copyright Act. Second, computer  hard drives are not phonorecords be-
cause they merely store and play MP3s.  Finally, post-transfer, transferors can no
longer reproduce or redistribute the protected songs because they no longer possess
the MP3s. Accordingly, the first-sale doctrine should protect the reseller or resale of
lawfully purchased digital music files when only one file remains after the transfer.


    J.D. Candidate, University of La Verne College of Law, 2015; Editor-in-Chief, University ofLa Verne Law Review (Volume
36); Editor-in-Chief, Journal of Law, Business & Ethics (Volume 20). I would like to thank my family for their unwavering
support and encouragement throughout law school.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most