Interesting battle brewing.

Lester · Post by **Lester** » Fri Apr 11, 2008 8:07 am

Universal: You don't own those promotional CDs we gave you
Is throwing a record label's promo CD in the trash an "unauthorized distribution" of the music? According to Universal, the answer is yes. The claim surfaced as part of a legal case against an eBay reseller who offered Universal promo discs for sale in violation of the "not for resale" label printed on each disc. While the case sounds almost farcical, it raises an important question: can Universal and other labels in fact control the distribution of a product once they have sent it to others, or does the US "first sale" doctrine give people the right to do as they like with the promo discs?

http://arstechnica.com/news.ars/post/20 ... ights.html

But the EFF's filing, made on Monday, argues that gifts have long been seen by courts to fall under the "first sale" rule. When a product is sent (unrequested) through the US Postal Service, case law says that it must be seen as a gift. In other words, the EFF claims that Universal can't simply send people an item and impose its idea of license conditions on it. (Believe it or not, there is actually a long case long history behind the idea of "unordered merchandise" that comes through the mail.)

cgarison · Post by **cgarison** » Fri Apr 11, 2008 9:16 am

I am torn on this. I see both sides of the equation on this issue and leaning slightly more towards the side of Universal.

Lester · Post by **Lester** » Fri Apr 11, 2008 9:38 am

I don't agree. It's one thing if a radio station requests promotional CD's and sells them to a record shop, but to randomly ship me something in the mail and assume that opening the door to the mailbox constitutes acceptance of their legalese? No way.

Tom Taggart · Post by **Tom Taggart** » Fri Apr 11, 2008 9:47 am

Have to agree with Lester. If Universal wanted better control of their promotional discs, it would be easy for them to set up a system whereby the station registered with Universal (call them "reporting stations, for example, & have a web site for feedback on the songs).

Part of the registrations would be a boilerplate music "eula" wherein the stations would agree to return (or destroy) the discs if not wanted or no longer needed.

Then Universal would have a case.

Ace Purple · Post by **Ace Purple** » Fri Apr 11, 2008 12:29 pm

I concur with Lester's argument. Also, this won't help ease the already tenuous relationship between the labels and radio stations.

Big Media · Post by **Big Media** » Fri Apr 11, 2008 1:32 pm

Yeah.... I'm in the "it's mine because you gave it to me and I will do with it what I damn-well please" camp.

The People's DJ · Post by **The People's DJ** » Sat Apr 12, 2008 6:59 am

Wonder how Universal would feel if they knew that most of the stuff they sent me in the past few months have turned into .357 targets?

ashton · Post by **ashton** » Sun Apr 13, 2008 11:05 am

they'd be OK with that. You're obligated to destroy.

David Paleg · Post by **David Paleg** » Sun Apr 13, 2008 2:22 pm

The People's DJ wrote:Wonder how Universal would feel if they knew that most of the stuff they sent me in the past few months have turned into .357 targets?

Glue them to a beach ball and make it into a mirrored ball for disco dances. Isn't that one of the things people did with all those AOL installation disks? Or use them as Christmas tree ornaments.

fearpeddler · Post by **fearpeddler** » Sun Apr 13, 2008 9:32 pm

David Paleg wrote:. Isn't that one of the things people did with all those AOL installation disks? Or use them as Christmas tree ornaments.

Aol discs make great coasters....

MediaDude · Post by **MediaDude** » Wed Apr 16, 2008 11:50 pm

Lester is correct. Once they give it away, it's no longer their's to control.

WVBROADCASTING.NET

Interesting battle brewing.

Interesting battle brewing.

Re: Interesting battle brewing.