Sale Of Promo CDs Not Infringement: 9th Circ.

Law360, New York (January 4, 2011, 8:07 PM EST) -- The Ninth Circuit has ruled that it is legal for anyone to sell copyrighted promotional CDs, affirming a lower court's dismissal of a Universal Music Group Recordings Inc. infringement suit against a man who sold CDs on eBay.

The U.S. Court of Appeals for the Ninth Circuit ruled Tuesday that under the first-sale doctrine — which permits a person who has acquired a copyrighted product to dispose of it without permission of the copyright owner — defendant Troy Augusto cannot be found to have infringed Universal's...
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