Ohio | Intellectual Property
Legal Question
Are you legally allowed sell old CD's at a garage sale or online? I know everyone does it, but is it technically legal?
What is the difference between the digital ITunes music I own and the physical copies of that same music?
Legal Answer
|
Read More Answered By: Nancy Delain |
You can indeed legally sell your old CDs in whatever venue you choose.
Ownership of the copyright — the rights in the contents of the CDs — and ownership of a physical CD are two distinctly different things. For example, when you purchase a Michael Jackson CD, you own the physical CD, but you don't own any of the rights in Michael's music other than the right to listen to your CD.
The copyright holder is entitled to receive payment for his/her music, but only one time per physical CD that was produced under a license granting the producer the right to distribute the content of that CD in exchange for money. Once that CD is purchased, that royalty is paid and the physical object belongs to the new owner, to do with as s/he pleases.
iTunes (and other digital) content doesn't come in a pre-packaged physical device. To sell (or even give) that content, you necessarily must make a copy of it, whether that copy is onto a CD, onto a flashdrive, onto an emailed file, onto whatever. The minute you make that copy for distribution (not sale; distribution. Money is not a factor here) without license from the copyright holder, you are creating an illegal copy of the file, and that act of copying infringes the copyright in the music.
Reselling a physical, licensed CD that you purchased doesn't involve copying the files contained on that CD. That's the difference.
THIS POST CONTAINS GENERAL INFORMATION AND IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. IT DOES NOT CONSTITUTE LEGAL ADVICE, NOR DOES IT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP. FOR LEGAL ADVICE ON YOUR PARTICULAR MATTER, CONSULT YOUR ATTORNEY. |
Top Attorneys in OH
Attorney at Law
Cleveland, OH
Questions Answered: 225
Last Question Aswered on: 2011-07-08
Law Offices of Simon W. Johnson
Cleveland, OH
Questions Answered: 74
Last Question Aswered on: 2011-10-25
Taggart Morton
New Orleans, LA
Questions Answered: 41
Last Question Aswered on: 2009-07-02
Steven A. Hill, Attorney at Law
Reynoldsburg, OH
Questions Answered: 15
Last Question Aswered on: 2003-05-02
Attorney Joseph H. Taddeo
Beachwood, OH
Questions Answered: 14
Last Question Aswered on: 2007-05-17
Wm. Bruce Davis, Attorney-at-Law
Cincinnati, OH
Questions Answered: 11
Last Question Aswered on: 2003-11-16
Paul L. Whalen, Attorney
Fort Thomas, KY
Questions Answered: 10
Last Question Aswered on: 2002-08-05
vorys sater saymour & pease
Columbus, OH
Questions Answered: 5
Last Question Aswered on: 1998-02-24
Gallagher & Dawsey Co., LPA
Columbus, OH
Questions Answered: 3
Last Question Aswered on: 2003-12-29
Search Questions and Answers


