MI2N
Music Industry News Network
THURSDAY, APRIL 26TH
Advanced Search
MusicDish Advertising Network
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Business News (more headlines) 04-13-2008

Courtroom Showdown For EBay Seller Over Promo CD Sales

Bookmark and Share

The Electronic Frontier Foundation (EFF) and San Francisco law firm Keker & Van Nest filed briefs in federal court Monday on behalf of eBay seller Troy Augusto, defending his right to resell promotional CDs ("promo" CDs) that he buys from secondhand stores in the Los Angeles area.

Augusto, who does business as "Roast Beast Music" on eBay, was sued in May 2007 by Universal Music Group (UMG), the largest record company in the world, for 26 eBay auction listings involving UMG promo CDs. At issue is whether the "promotional use only, not for resale" labels on these CDs can trump a consumer's right to resell copyrighted materials that they own, guaranteed by copyright law's "first sale" doctrine.

For decades, major labels have distributed promo CDs for free to tastemakers and music industry insiders in an effort to create buzz for upcoming releases. These promo CDs often make their way into secondhand stores, where Augusto purchases them for resale on eBay. UMG stamps its promo CDs with labels declaring that the CDs may not be resold and remain the property of UMG. The "first sale" doctrine in copyright law, however, makes it clear that once the copyright owner sells or gives away a CD, DVD, or book, the recipient is entitled to resell it without needing further permission. The summary judgment brief filed Monday argues that UMG gives up ownership of these promo CDs when it mails them unsolicited to thousands of people without any intention of their return. Accordingly, the first sale doctrine permits purchasers to resell these CDs.

"If UMG is able to stop resale of CDs just by putting 'not for resale' labels on them, then there is nothing to stop other restrictive labels from appearing on CDs, books, and DVDs," said EFF Senior Intellectual Property Attorney Fred von Lohmann. "Record companies are not entitled to strip consumers of their first sale rights simply by putting labels on their products."

A hearing on the motion for summary judgment is expected in early May 2008.

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

Carys - A Different Kind Of Normal - Debut CD Release

Melvin Riley Of Ready For The World Celebrates 35 Years In The Music Business And The Re-launch Of His Solo Career And New Billing Title

Listen: Darquise Explores The Art Of The Beak Up In His Debut Single "I Say One"

Artist Matthew Schultz Releases "Promise For Keeps" Featuring Gyptian

Richie Sambora Returns To Ovation Guitars With Signature Double Neck Guitar Benefitting Youth Music Charity

FLOW Announce The Arrival Tour And IMA / ZMR Award Nominations

Joseph L Young Returns To His First Love, The Saxophone, In "Every Moment" Releasing March 30



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» Spotify Makes Motion To Restrict Communication Between Wixen Music Publishing, Inc., Its Clients, And Their Attorneys
» Say Hello To Volareo: A Streaming Speaker That Pays Musicians When You Clap
» MarilynMusic Places Five New Songs With Altino Music
» VidaPrimo Debuts Latin Music Channel On XUMO
» "Whiskey And Cigarettes Show" Nominated For 2018 New Music Awards
» Reservoir Promotes Rell Lafargue To President And Chief Operating Officer
» Independent Music Magazine Indie Band Guru Launches Indiegogo Campaign
» The International Music Consulting Firm GINGIO Hosts Events At January NAMM And Awards Week
» Award Winning Singer/Songwriter Craymo Releases December Rain (Carol Of Love) To Radio
» Runway 27, Left: Planned Release Of Third Album 'Triple Story' In Spring 2018


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» Skype And Mixcloud Launch "Connecting..." Podcast Series
» ASCAP Revenues Top $1.144 Billion In 2017
» Puma Unveils Drum Machine Inspired Sneaker
» BMG Appoints New Creative Directors In Nashville
» Live.me Launches Its First Live Musical Themed Content Series
» Warner Music Group Acquires Sodatone
» Round Hill Music And Zync Sign Madge To Joint Venture
» PPL And PRS For Music Launch Licensing Joint Venture
» Music Festivals And Conferences Pledge To Tackle Gender Inequality
» Briony Turner And Alec Boateng Promoted To Co-Heads Of A&R, Atlantic Records UK
» ICE And Facebook Reach Multi-Territory Music Licensing Agreement
» B-Reel Named Top 10 Most Innovative Company In Music By Fast Company

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2018 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.