buying promo cd's illegal? give me a break!

[negative1]

ok, maybe this thread can go somewhere else..
but there are collectors here, and it is about
the distribution of music.....somewhat related to underworld..

but this is just SOOOOO ridiculous:
http://arstechnica.com/news.ars/post...ur-rights.html

are you kidding me?
throwing it away = distribution?

yes, i've read the article, and all the commentary, on
digg, slashdot, ars, etc...

ok, yes, if you solicit the cds, you shouldn't sell them..
now granted the guy selling them on ebay, might have
gotten them some other way (gray area)....we'll have
to see how that turns out..

but if you got them for free, or in the mail, you should
be able to do whatever you want with them..

i hope universal LOSES BIG TIME....if they don't , it could
mean that every free cd, or item in the mail has to be
returned, or you have to pay for it, even if you didn't
want it etc..

totally ridiculous...

can they (the music industry) please come up with some
mores to bug and alienate the fans....

later
-1

[gillenium]

It's only a matter of time before you open up a cd case and see a warning that says "Warning: Before using CD, you must jam a pencil into your ear. Failure to comply can and will result in punishment by the full extent of the law."

Thank god digital sales are taking off. Pretty soon, we won't have the RIAA to worry about anymore (well, not as much, anyway).

[chems1919]

The most annoying thing is the copyright protection on some cds that make it so you can't burn the disc correctly. I don't know if they still make cds like that (I haven't seen one in a while, I remember "Push the Button" was giving me crap) but it was a definite turn-off.

But nowadays with the digital downloads, it seems like they're breaking free from it altogether. I still prefer cds and vinyls though, simply for the artwork and the "feel" of the music I guess.

[King of Snake]

Originally Posted by chems1919

The most annoying thing is the copyright protection on some cds that make it so you can't burn the disc correctly. I don't know if they still make cds like that (I haven't seen one in a while, I remember "Push the Button" was giving me crap) but it was a definite turn-off.

thankfully the copy protection on cd's was dumped altogether by all the major lables sometime last year I believe.

[cacophony]

there's a record store in nashville called phonoluxe that sells promo CDs as probably a good 25% of their product stock. you can find stuff there you never even knew existed. i've got all kinds of discs stamped with the "here there be dragons, go directly to jail, a pox upon thee" warning, letting you know that the seller doesn't have a right to sell to you. still they sell them openly and no one seems to care.

it's one of the best independent record stores left. i've pumped a lot of money into the record industry as a result of getting my hands on cheap promos and subsequently wanting to own an artist's back-catalog. it would be a shame if this practice were totally put out of business because, as the name implies, the discs are awesome promotional devices.

[TheBang]

This is so retarded. This issue about the promo CD's seems to come up like once a year. I don't think the record companies have a leg to stand on. I agree with the EFF's filing, and I think the courts will too.

The record companies can slap all the labels on the discs they want, doesn't make it so. It's like the signs in parking lots where they're like "Such And Such Parking Company cannot be held liable for any damages to cars parked here." Just because they say they're not liable doesn't mean that they're completely free of all liability.

When they give out these CD's with no reasonable expectation of return, it seems pretty clear that there has been a transfer of ownership, and that it's not a rental, lease, or license. I think first sale doctrine absolutely applies.

Hm, maybe I'll run this by my friend who's an IP law professor at UC Davis.

[BeautifulBurnout]

The general principle is totally retarded, yes. But the reason they are suing this guy, it seems to me, is that he previously signed a consent judgment admitting that such sales constituted breach of copyright. So he is now walking about with a big circular target on his forehead if he keeps doing it.


It isn't the buying of the promo that would put someone in breach though. It's the selling of it if it is clearly marked "not for resale". But surely that can only affect the person to whom the promo was given. If they dispose of it by giving it away or throwing it in the bin, and it comes into someone else's hands without a money transaction, it is hard to see how record companies can enforce second or third-hand proprietary interests.

If I don't want my car any more and give it to you, or dump it, I can't then complain if you sell it to someone else for profit. Utterly ridiculous

If this were the case, charity shops would never be able to re-sell cds or dvds donated to them.

[crazysugarboy]

Originally Posted by BeautifulBurnout

If this were the case, charity shops would never be able to re-sell cds or dvds donated to them.

I bought a Fluke promo cd single from my local Oxfam shop last year - does this make me a criminal?

[industri_studios]

Re: Clubs

There is a license fee that clubs are supposed to be paying (much like a radio station) that gives them rights to broadcast the music. Obviously some (many?) clubs don't pay, or don't pay properly... but I think most labels turn a blind eye as it's free promotion (of a sort).

Re:" ...if they don't , it could mean that every free cd, or item
in the mail has to be returned, or you have to pay for it,
even if you didn't want it etc."

you can't honestly believe this.

I doubt negative1 BELIEVES that - but if the ruling were to follow through (as implied by Universal), then it would TECHNICALLY mean they could ask people to return, pay etc. It would open a BIG can of worms that I think most music collectors (ironically - the same people propping up what's left of the crumbling physical disc sales market) would rather see left closed.

And the comment about unsolicited is true. When I used to do radio and magazine reviews and stuff - I would request some promos and such, but I'd also be sent a bunch of discs without asking for them... people would find out from other labels, or published mags etc that I was covering a particular kind of music and send me stuff - technically I'd be liable for every crappy promo I never wanted (that has since gone the way of the charity-shop bins - no one wants crappy indie promos) that happened to have been properly labelled.

It's laughable.

And I think the fact that this case has been going on for a while, and no other label has jumped on the same bandwagon should be making Universal a little nervous at this stage...

[Lx_Nen]

Originally Posted by BeautifulBurnout

...he previously signed a consent judgment admitting that such sales constituted breach of copyright. So he is now walking about with a big circular target on his forehead ...

He should have written 'not for suing' on his forehead. The record companies would then have to prove that their dubious scribbling was legal and his wasn't.

If the record company somehow does set a legal precedent that it's illegal to throw away unsolicited gifts if they have magic words written on them, I can imagine certain execs and lawyers might very quickly discover their houses full to the brim with promotional samples of manure that they can't legally dispose of.