Tag Archives: iTunes

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

carta de errorSection 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture Ass’n of America, and other courts, have interpreted the term “knowing” narrowly, causing many to wonder if Section 512(f) has much practical application.

In a recent article for the ABA’s Landslide Magazine,… More

Court Finds No Digital Re-Sale Right for iTunes Music

iTunes

One reason to buy physical books and music CDs rather than Kindle books and iTunes files is that when you own a physical copy of the book or music CD, you can lend it to friends.  You could also, if you chose, sell your copy.  These are rights guaranteed by the first sale right in Section 109 of the Copyright Act.  When you buy a Kindle book or an iTunes song (or more accurately,… More