Decisions in Brief

Decisions in Brief

John C. Gatz

©2013. Published in Landslide, Vol. 6, No. 1, September/October 2013, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.


Digital Media Resale Site Infringes Record Company’s Copyrights

Capitol Records, LLC v. ReDigi, Inc., 106 U.S.P.Q.2d 1449 (S.D.N.Y. 2013). ReDigi operates a website that allows users to sell previously purchased digital downloads of music and buy similar files from other users. ReDigi provides software that creates a list of the music files on a user’s computer that are eligible to resell. ReDigi limited eligible files to songs purchased on iTunes or from ReDigi. Once a user decided to sell a song, the ReDigi software copied the song onto a ReDigi server and informed the user to delete the file. If the user did not delete the file, ReDigi would suspend that user’s account. When a song was sold through ReDigi, a portion of the sale price was credited to the seller, and ReDigi retained 60 percent of the sale price. Capitol sued ReDigi for copyright infringement. Capitol and ReDigi moved for summary judgment regarding copyright infringement.

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