Title: Exception Analysis of First Sale Applied to Resale of Second-hand Digital Music Works: Taking Capitol Records,L.L.C. v. ReDigi,Inc. as an Example
Abstract: It is of great importance for first sale doctrine to restrict traditionally the author's distribution right in U. S. However,it is controversial whether this doctrine could be applied to second-hand digital works. A judgment for plaintiff Capitol Records was delivered by the United States District Court for the Southern District of New York on Mar. 30,2013,in which the court affirmed the defendant Redigi's infringement of reproduction and refused defense of first sale. There have significant differences between the market for used music works and the market for traditional copyright works. Enlightenments have been brought based on the pragmatic approach and prudent attitude raised by American Court. It is worth learning from the U. S. for Chinese legislators who are striking to amend the Chinese Copyright Law.
Publication Year: 2014
Publication Date: 2014-01-01
Language: en
Type: article
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