TELECOM Digest OnLine - Sorted: Re: Who Owns the Music?

Re: Who Owns the Music?

Robert Bonomi (bonomi@host122.r-bonomni.com)
Sun, 04 Dec 2005 00:59:33 -0000

In article <telecom24.545.8@telecom-digest.org>, Michael Quinn
<quinnm@bah.com> wrote:

> 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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