Promo CDs Can Be Sold

Jun 18

by Tamera H. BennettJune 18 2008

On June 10, a federal district court in Los Angeles denied Universal Music Group's motion for summary judgment, requesting the court to find the defendant, Troy Augusto, liable for copyright infringement for offering for resale and selling CDs marked as "promo copies not for resale."

The court held that promo CDs are a gift under federal law and Universal had no intent to regain possession of the CDs.

The court found no act of copyright infringement occurred.

Read more on Billboard. Read the order here.

UPDATE: Universal filed an appeal. Read the appeal here.

CopyrightCopyright LitigationDallas/Fort Worth TexasEntertainment lawsuitLewisville TexasMusicMusic Business

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com

Tamera Bennett

Meet lawyer Tamera Bennett, your trusted advocate for trademark, copyright, and music law in the Dallas/Fort Worth area. Tamera gets it when her clients pour their heart and soul into their projects…she is just as passionate about using the law to protect her clients' intellectual property rights.

Tamera’s office might be in a “small town,” but her 25 years’ of legal experience allows her to counsel clients on deals in all the “big” cities.

Meet Tamera Bennett

Gordon Firemark

Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television,and music. He is also the publisher of Entertainment Law Update., a newsletter for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

Meet Gordon Firemark

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