UMG RECORDINGS, INC. v. AUGUSTO

No. 08-55998.

628 F.3d 1175 (2011)

UMG RECORDINGS, INC., a Delaware corporation, Plaintiff-Counter-Defendant-Appellant, v. Troy AUGUSTO, an individual doing business as Roast Beast Music Collectables doing business as Roastbeastmusic, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2011.


Attorney(s) appearing for the Case

Russell J. Frackman , Mitchell Silberberg & Knupp, LLP, Los Angeles, CA, for the plaintiff, counter-defendant, appellant.

Joseph C. Gratz , Keker & Van Nest, LLP, San Francisco, CA, for the defendant-counter-claimant-appellee.

Robert W. Clarida , Cowan, Liebowitz & Latman, P.C., New York, NY, Jason Schultz , Samuelson Law , Technology & Public Policy Clinic, Berkeley, CA, for the amici curiae.

Before: WILLIAM C. CANBY, JR., CONSUELO M. CALLAHAN and SANDRA S. IKUTA, Circuit Judges.


OPINION

CANBY, Circuit Judge:

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...

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