Re: Who Owns the Music?

Dec 04, 2005 0 Replies


The recent discussions about Sony led to some interesting discussions


> among my colleagues about the used CD market:
> - if I buy a new CD, I am presumably entitled to record it for local
> (computer/IPOD/backup/whatever) use.

Your "right" to do that is actually _very_ limited. Not as limited as the record companies would _like_ you to believe, but very limited nonetheless.


If I do that, am I (legally or otherwise) prohibited from reselling
> or giving away the CD? There is a huge used CD market out
> there. And my kids keep taking my Frank Sinatra and Pink Floyd CDs.

You are not prohibited from "reselling or giving away", the CD, but,_IF_ _YOU_DO_THAT_, then any copies of that music that remain in your possession are *illegal* copies, and you are subject to copyright infringement action for the possession thereof.


- if I resell or give away the CD, what about the next buyer/owner --
> is he or she entitled to record it, as above, and then pass it on to > the next user?
*WHILE* and _only_ while they are in possession of the CD, they can make limited copies for *limited* reasons allowed by copyright statute.
- if I made a recording of the originally purchased CD, may I bequeath
> that to the above mentioned kids?

The limited rights you have are 'indivisible' from the physical product you purchased. Anything derived from that product must go _with_ that product.

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