F.B.T. Productions, LLC v. Aftermath Records
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F.B.T. Productions, LLC, et al. v. Aftermath Records, et al. 621 F.3d 958 was a case in which the United States Court of Appeals for the Ninth Circuit dealt with how Federal Copyright Law applied to the sales and licensing contracts of music downloads and other downloadable copyrighted material. Specifically, the circuit court ruled that a licensing provision in the contract between F.B.T. Productions and Aftermath Records unambiguously applied to permanent downloads and mastertones offered through third party distributors. After reviewing the First Sale Doctrine and the nature of Aftermath's contracts with its distributors, the circuit court concluded that such downloads constituted a licensing of copyrights rather than a sale, causing Aftermath to pay higher royalties to F.B.T. under their agreement.[1]
F.B.T. Productions, LLC v. Aftermath Records | |
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Court | United States Court of Appeals for the Ninth Circuit |
Full case name | F.B.T. Productions, LLC; EM2M, LLC v. Aftermath Records, DBA Aftermath Entertainment; Interscope Records; UMG Recording Inc.; Ary, Inc. |
Decided | September 03, 2010 |
Citation(s) | 621 F.3d 958; No. CV 07-3314 PSG (MANx). |
Case history | |
Prior action(s) | Appeal from the United States District Court for the Central District of California. D.C. No. 2:07-cv-03314-PSG-MAN, D.C. No. 2:07-cv-03314-PSG-MAN. Philip S. Gutierrez, District Judge, Presiding. F.B.T. Prods., LLC v. Aftermath Records, 2009 U.S. Dist. LEXIS 5981 (C.D. Cal., Jan. 20, 2009) |
Subsequent action(s) | US Supreme Court certiorari denied by Aftermath Records v. F.B.T. Prod., 2011 U.S. LEXIS 2255 (U.S., Mar. 21, 2011) |
Court membership | |
Judge(s) sitting | Joseph Jerome Farris, Cynthia Holcomb Hall, Barry G. Silverman |