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FurryRecords, Inc. v. RealNetwork, Inc.
United States District Court for the Southern District of New York
64 U.S.P.Q.2d (BNA) 1382 (2002)
Musician Hannah Bentley (plaintiff) and her personal company, FurryRecords, Inc. (plaintiff) entered a licensing agreement with The Orchard, LLC (Orchard) (defendant), a music-promotion company. The agreement provided that Orchard would promote Bentley’s music for one year in exchange for the right to sell, distribute, and otherwise exploit Bentley’s recordings in perpetuity. Orchard was also granted digital storage, download, and transmission rights. Bentley and FurryRecords brought suit, alleging that Orchard made unauthorized MP3 copies of her work in violation of the Copyright Act. Bentley and FurryRecords also asserted that the agreement itself was unconscionable. Both sides moved for summary judgment.
Rule of Law
Holding and Reasoning (Rakoff, J.)
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