UMG Recordings, Inc. v. Augusto
United States Court of Appeals for the Ninth Circuit
628 F.3d 1175 (2011)
Relevant factsFree
UMG (plaintiff) mailed unsolicited promotional CDs to various individuals, including Augusto (defendant), who then sold them at auction; UMG sued for copyright infringement, arguing its promotional labeling created only a license rather than a transfer of ownership, but the district court granted Augusto summary judgment based on the first-sale doctrine.
IssueFree
Whether the first-sale doctrine transfers the right to distribute a copyrighted work if a copy is given away or title is otherwise transferred.