ReDigi Tells 2nd Circ. Digital Files Can Be Resold Like CDs

Law360, New York (August 22, 2017, 5:26 PM EDT) -- Online music service ReDigi Inc. asked the Second Circuit on Tuesday to reverse a New York federal court's finding that its digital music resale platform infringed the copyrights of Vivendi SA's Capitol Records, saying the service does not create a reproduction of the music file.

Robert C. Welsh of BakerHostetler, arguing for ReDigi, told the three-judge panel in a hearing that a digital music file is the equivalent of a phonorecord that can be re-sold by a purchaser without regard to the copyright holder under the the first-sale doctrine. The problem, he said, was the district court instead found that the...

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