DJ Arrested For Selling Pre-Release Promo CDs On eBay
from the ridiculous dept
Just days after a US court ruled that selling promo CDs sent out by the recording industry is perfectly legal, Techdirt reader cram writes in to let us know of a DJ and music reviewer in London who was arrested for doing exactly the same thing. The only difference in this case was that the guy was selling the CDs before they had been released. Still, this seems positively ridiculous. As we had just noted, while some places do treat pre-release leaks differently, UK law does not. Furthermore, he's being charged with theft and money laundering. He was turned in by the IFPI, which apparently thinks that jailing the folks who promote your product is a good thing. What's not entirely clear from the article is whether this guy was sent these CDs by the labels in the first place. However, it does sound like he got them as part of his role as a DJ and reviewer, since the IFPI even mentions that "people who have access to pre-release music by virtue of their job," should watch out. If he really was "stealing" them, that's one thing -- but if the industry was sending them to him to promote the CDs, then hopefully the UK courts will react similarly to the US courts and quickly throw this out. Once they've sent him the CDs, they're his. They're no longer the record label's. That he was arrested for selling something willingly given to him to promote seems ridiculous.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: arrested, dj, london, pre-release, promotional cds
Companies: ifpi
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And Copyright is good precisely why?
They'll have pirate radio stations next.
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This is utterly dumb. They're not pirate CDs, after all. It's just like that arrest of the mixtape DJ in the US who got arrested - another case where a person who's actually promoting music is prevented from doing so. Fantastic.
I don't have complete faith in his success though. Look at the CDWOW cases where they were prevented from selling cheaper CDs under copyright law because the CDs had been sourced from outside the EU. Or the Lik Sang case, where they were shut down for daring to sell PSPs before they were officially released in the UK. Sometimes laws over here can be idiotic.
Oh, FTA, Universal are behind the US arrest? That makes me so surprised and once again vindicates my decision to never buy major label product. Maybe someone can beat some sense into them before their inevitable bankruptcy somewhere in the future.
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Still, my comment stands. There was always a small rack of promo CDs next to the counter and I used to love leafing through it to get bargains on recent and upcoming releases... Nobody was harmed, nobody was arrested, the record industry benefitted as I'd often buy something else along with the promos...
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Great Job!
It's so stupid that it makes my brain hurt. WOW. It would be cool if these media company goons would work as hard to find new business models and stuff. Attacking your fans though... I guess that's one rather unique way of addressing the issue. I don't see the reasoning behind it, but hey, that's just me maybe.
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'the only difference'
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It also helps us look good since have pre-released music in our catalog. We are not supposed to turn around and sell these promotional products. That DJ is most likely an Asshat (still my new favorite word).
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What do you mean by "not supposed to"? Do the labels require you to sign an agreement to that effect? If not, they should not have any expectation about what happens to a gift after it is given. Note "should". Clearly they do have such expectations, and unfortunately UK law enforcement seems to agree.
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DJ
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Research your story
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Here's an exact quote:
"Lent for promotional use only. Any sale or unauthorized transfer is prohibited and void. Subject to return upon demand by owner. Acceptance of this record constitutes agreement to the above"
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As was pointed out in the US decision, since this "agreement" is never stated -- the label just sends CDs to you, you never "agreed" to anything -- then it is fair to assume that ownership of the disc has been transferred to you.
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What if it said, "Lent for promotional use only, at a rate of $5.00 per day. Any sale or unauthorized transfer is prohibited and void. Subject to return upon demand by owner. Acceptance of this record constitutes agreement to the above. Payment is due every fifteen days."
Would you feel bound to that also?
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Re: Research your story
Read the decision in the US case that we linked to. In it they address this question clearly.
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The thing is, the copyright owner doesn't get to set the law. Copyright is the law, and a record label isn't allowed to change copyright law just by putting a stamp on the front of a CD.
Otherwise, think of where that leads. Eventually, all CDs will come stamped with "new" restrictions as per the record label.
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sheeple
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I think people are missing a point...
But they put his ass in jail. In America, it's hard to get put in jail if you beat your wife and kids, or if you drink drunk and go the wrong friggin; way on the highway for miles and don't notice the police behind you. Selling some CDs? WTF? I hope that country is happy with that use of funds.
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What ever cd he sold must really suck
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Courtesy
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