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8 Responses
The US has just gone the other way, for now.
In an important victory for the first sale doctrine, a federal district court today ruled that selling “promo CDs” on eBay does not infringe copyright. The court threw out a lawsuit by Universal Music Group (UMG), which had argued that the “promotional use only” labels affixed to these CDs somehow conveyed eternal ownership on UMG, making it illegal to resell the CDs (or even throw them away).
https://www.eff.org/deeplinks/2008/06/liberation-day-promo-cds-victory-umg-v-augusto
I think there’s a difference between selling a promo CD before the public release and selling it at some point in the future after the main release. I can accept the former, but the later I’m glad the US courts are allowing 🙂
Chris.
Some record labels send out promo’s months in advance. Part of the US ruling, which may change on appeal apparently, states that
“The court also found that federal postal laws relating to “unordered merchandise” establish that promo CDs are gifts to their recipients.”
So once it comes through the door it’s saleable
Ohh – now that *is* interesting 🙂
I think they arrested him because they thought he was selling pirated copies as it is nearly impossible that a genuine cd becomes available for sale long before the official release
I was a member of a ‘Club’ belonging to a record company who produce music to a niche market. As a member of the club we were sold the cds 2 weeks before general release.
A few of these cds were then sold by members on ebay for up to 10x their retail value.
We were also allowed to purchase ‘promos’. I remember selling a pet shop boys promo from this record label which cost me £3.99 for £149 on ebay 😆
@ Keith #6 – “Now thats what I’m talkin abaht!”
#7 I think they should have given the apprentices a go on ebay with 1 day auctions. Then just made sure they didn’t stay on for the feedback.
“Your Dsr’s are a total scandal. A total lack of customer service. But you made a 1000% profit ………..You’re Hired!!”