Is It Legal to Sell Promo CD's Online?

[Tim the Impounder]

An Ebay seller and Universal Music Group are going to fight it out according to the Washington Post.

http://www.washingtonpost.com/wp-dyn/content/article/2007/09/21/AR2007092102152.html

 

[DannyGL]

It's really easy, for one you cant sell what isnt yours. and two. If its a promo, why are you selling it anyways?

 

[radioboy]

It's a no-brainer. No, you can't. Of course people do it anyway..

Most of these CDs say something like DEMO COPY NOT FOR SALE or words to that effect.
Radio promo copies often also have fine print somewhere on them saying the same thing.

Just sell the ones that aren't promo copies..it's safer. The legal costs of this case will probably
wipe out everything he's ever made from ebay.

 

[Rex Tremendae]

No. It is not legal. I have seen more than one person in promotions at stations I worked for do what you describe.

So sayeth Rex.

 

[DudeFan]

Under the first sale doctrine, yes it is. Once it leaves the hands of the original licensee, the radio station, the record company has no more rights over that copy of the recording.

Just as Chrysler cannot dictate who you sell your lovely Cordoba to after you've bought it, Universal cannot dictate who the recordings are subsequently sold to. However, the record company does have a suit againt the radio station for breach of license. And we all know that the record industry has no problems suing their cutsomers.

 

[NE Miss Radio]

I seem to recall a law (and TV PSA) that says if someone mails you something unsolicited (you didn't ask for or buy) it's yours. Only applies to US mail as far as I know. Wouldn't that apply here if the material is unsolicited?