Record Rental Exception to First Sale Doctrine Only Applies to Musical Works
By Lauren Gelman on March 9, 2007 at 12:04 pm
In Brilliance Audio, Inc. v. Haights Cross Communications, Inc., the Court confronted the question of whether the record rental exception to copyright’s first sale doctrine, codified at 17 U.S.C. § 109(b)(1)(A), applies to all sound recordings, or only sound recordings of musical works. Specifically, this case asks whether the exception applies to sound recordings of literary works such as the audiobooks produced by Brilliance Audio (“Brilliance”). Read more about Record Rental Exception to First Sale Doctrine Only Applies to Musical Works