Copyright Law

Patry praises Atlantic v. Howell but criticizes portion of decision which says MediaSentry was not authorized

By Ty Rogers and Ray Beckerman

William Patry, author of the treatise Patry on Copyright, has weighed in with a blog post in which he praises Judge Wake's recent decision in Atlantic v. Howell, but criticizes the portion of the decision which holds that MediaSentry was not authorized to download the 12 copies, and that MediaSentry's own downloads could constitute a "distribution" even though there was no sale or other transfer of ownership, there was no license, lease, or lending, and there was no dissemination to the public, all of which are requirements for a distribution under the Copyright Act.

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Full post as published by Recording Industry vs The People on April 30, 2008 (boomark / email).