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First Sale Doctrine Issue in Copyright Matter
In UMG Recordings, Inc. v. Augusto, No. 08-55998, an action for copyright infringement in violation of section 501 of the Copyright Act, which entitled copyright owners to institute an action for infringement of the exclusive right to distribute copies of the copyrighted work (specially produced phonorecords), the court affirmed summary judgment for defendants where the mailing at issue effected a sale of the promotional music discs to the recipients for purposes of the first sale doctrine.
As the court wrote: "UMG Recordings appeals the district court's grant of summary judgment in favor of defendant Troy Augusto on UMG's claim of copyright infringement in violation of § 501 of the Copyright Act, which entitles copyright owners to institute an action for infringement of the exclusive right to distribute copies of the copyrighted work. See 17 U.S.C. §§ 501(a), (b), 106(3) (2006). The copies in issue comprise eight specially-produced compact discs, each embodying a copyrighted sound recording."
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