DJ arrested for selling pre-release CDs on eBay
12/06/2008 at 08:46
A London DJ and music critic has been arrested for selling pre-release albums on eBay, says recording industry trade body IFPI. The man is alleged to have used his contacts to obtain promotional copies of CDs by artists such as Foals, Delays, Grand National and Kelly Rowland, which he then sold on, weeks before their official release. If charges are brought, the IFPI believes that this would be the first prosecution for the sale of pre-release material in the UK.
Keith says
9:50 am on 12/06/2008
The US has just gone the other way, for now.
In an important victory for the first sale doctrine, a federal district court today ruled that selling “promo CDs” on eBay does not infringe copyright. The court threw out a lawsuit by Universal Music Group (UMG), which had argued that the “promotional use only” labels affixed to these CDs somehow conveyed eternal ownership on UMG, making it illegal to resell the CDs (or even throw them away).
http://www.eff.org/deeplinks/2008/06/liberation-day-promo-cds-victory-umg-v-augusto
Chris Dawson says
9:53 am on 12/06/2008
I think there’s a difference between selling a promo CD before the public release and selling it at some point in the future after the main release. I can accept the former, but the later I’m glad the US courts are allowing
Keith says
10:07 am on 12/06/2008
Chris.
Some record labels send out promo’s months in advance. Part of the US ruling, which may change on appeal apparently, states that
“The court also found that federal postal laws relating to “unordered merchandise” establish that promo CDs are gifts to their recipients.”
So once it comes through the door it’s saleable
Chris Dawson says
10:24 am on 12/06/2008
Ohh – now that *is* interesting
Mandy says
10:56 am on 12/06/2008
I think they arrested him because they thought he was selling pirated copies as it is nearly impossible that a genuine cd becomes available for sale long before the official release
Keith says
11:17 am on 12/06/2008
I was a member of a ‘Club’ belonging to a record company who produce music to a niche market. As a member of the club we were sold the cds 2 weeks before general release.
A few of these cds were then sold by members on ebay for up to 10x their retail value.
We were also allowed to purchase ‘promos’. I remember selling a pet shop boys promo from this record label which cost me £3.99 for £149 on ebay
Store Your Stuff aka Jade says
2:19 pm on 12/06/2008
@ Keith #6 – “Now thats what I’m talkin abaht!”
Keith says
3:23 pm on 12/06/2008
#7 I think they should have given the apprentices a go on ebay with 1 day auctions. Then just made sure they didn’t stay on for the feedback.
“Your Dsr’s are a total scandal. A total lack of customer service. But you made a 1000% profit ………..You’re Hired!!”