Supreme Court of the United States · Official docket →
ReDigi Inc., et al. v. Capitol Records, LLC, et al.
Paid petition · United States Court of Appeals for the Second Circuit, No. 16-2321 · judgment December 12, 2018
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Under 17 U.S.C. § 109(a), is the acknowledged owner of a particular digital phonorecord lawfully purchased via electronic distribution under 17 U.S.C. § 106(3) entitled to freely alienate that digital phonorecord electronically?
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Consistent with the first sale and exhaustion doctrines embodied in 17 U.S.C. § 109(a), can the electronic disposition of a lawfully acquired digital phonorecord simultaneously violate the copyright owner’s exclusive right of reproduction under 17 U.S.C. § 106(1) even though no additional copies or phonorecords are created?
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If yes, is the alleged violation of the reproduction right nonetheless a fair use under 17 U.S.C. § 107?
Counsel of record
For petitioner
C. Dennis Loomis
BAKER & HOSTETLER LLP
For respondent
Richard S. Mandel
Cowan, Liebowitz & Latman, P.C.
Proceedings
- Jun 24 2019Motion for leave to file amicus brief filed by OmniQ GRANTED.
- Jun 24 2019Petition DENIED.
- Jun 19 2019Letter of June 19, 2019 from counsel for petitioners received. (Distributed)
- Jun 11 2019Motion for leave to file amicus brief filed by OmniQ. (Distributed)
- Jun 04 2019DISTRIBUTED for Conference of 6/20/2019.
- May 31 2019Letter of May 29, 2019 from counsel for respondents received.
- May 21 2019Waiver of right of respondents Capitol Records, LLC, et al. to respond filed.
- May 10 2019Petition for a writ of certiorari filed. (Response due June 13, 2019)
- Mar 04 2019Application (18A898) granted by Justice Ginsburg extending the time to file until May 11, 2019.
- Mar 01 2019Application (18A898) to extend the time to file a petition for a writ of certiorari from March 12, 2019 to May 11, 2019, submitted to The Chief Justice.