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What Do You Get When You Buy a CD?
Wiseleo asks: "What is the full value and meaning of the entire transaction when someone exchanges money or its electronic equivalent for a new sealed CD?Notice that I am being extra careful to say that someone actually acquires anything of value in the deal. I am not claiming that anything is bought in the traditional sense either. I am in fact not claiming that any value whatsoever is procured through the transaction. Can someone actually answer this question? I would really love the RIAA to do so, and in fact, I intend to contact them for this purpose. This question is surprisingly complex. I first attempted to get it answered some 10 years ago by several music stores and they could not answer it. I guess I should have talked to attorneys, but I was a teenager clueless of such an avenue. I tried again late 90s and again I couldn't get the question answered. In other words, any 'commercial' CD that is produced by a RIAA-affiliated CD manufacturer clearly states that it is not to be loaned. If I 'buy' a CD, what am I actually paying for?"
Wiseleo adds:
- Am I paying for the CD media itself?
- Am I paying for the right to play that particular CD media?
- Am I paying for right to listen to that particular recording without relying on mass media outlets that already paid RIAA copyright holders through ASCAP?
- What happens if I own the same recording in multiple digital formats?
- What happens if a particular copyrighted material is on several of my media and comes from same master source?
- What if my media is damaged, should I not be able to request replacement?
- If I already own let's say Metallica S&M DVD set, am I legally allowed to borrow a friend's S&M CD set, since both media are mixed from the same source [and possibly covered by the same license]?
- What are the quality tolerances and who sets them? At which point is the original recording no longer subject to copy limitations? What happens if my used media is scratched?
- I am inclined to believe that the acquiring party simply acquires a license for a particular recording. It is currently implied, at least in my understanding, that the license is perpetual and as such a license holder is entitled to the ability to use the licensed object perpetually, regardless of the media it was originally supplied on or the media player of choice at the moment. If my understanding is correct, and the content is licensed to the consumer, then where is the full license agreement?
- By the [above] argument, should we not consider it to be a shrink-wrap and thus largely unenforceable EULA?
- Is it not true that shrink-wrapped software is not returnable to the retailer but it is returnable to the manufacturer upon termination of license? Should not music be under the same category?
OK, for the 5000th time.
We don't know.
We aren't lawyers.
Go hire one.
In 2-3 years he might be able to answer your question.
Is the RIAA's lawyers' brand new BMWs. Silly question.
If you are paying one of the RIAA's members, then you are assumedly also funding lawsuits.
All Your CD Are Belong to RIAA
Most of your questions above, if asked individually, you would get a negative response, or whatever response limits you the most. Ask them in conjunction, and I imagine you won't ever get a straight answer.
Th
Oh, please.
Am I paying for the CD media itself? Yes.
Am I paying for the right to play that particular CD media? Yes, as long as you do not publicly perform or broadcast the copyrighted performance it contains.
Am I paying for right to listen to that particular recording without relying on mass media outlets that already paid RIAA copyright holders through ASCAP? Huh?
What happens if I own the same recording in multiple digital formats? The heavens fall. Just kidding.
What happens if a particular copyrighted material is on several of my media and comes from same master source? Hope you only paid once.
What if my media is damaged, should I not be able to request replacement? You can always ask for a replacement. However, you are unlikely to get one.
If I already own let's say Metallica S&M DVD set, am I legally allowed to borrow a friend's S&M CD set, since both media are mixed from the same source [and possibly covered by the same license]? Whether or not you already own a copy of the work is irrelevant to whether you may legally borrow your friend's. However, expect most judges to rule against you because of your shitty taste in music.
What are the quality tolerances and who sets them? Believe it or not, one function of the RIAA is to set these types of technical standards.
At which point is the original recording no longer subject to copy limitations? Depends on when it was copyrighted. Normally, the life of the author plus 50 years.
What happens if my used media is scratched? The record will skip, annoying the other people in your car.
I am inclined to believe that the acquiring party simply acquires a license for a particular recording. It is currently implied, at least in my understanding, that the license is perpetual and as such a license holder is entitled to the ability to use the licensed object perpetually, regardless of the media it was originally supplied on or the media player of choice at the moment. If my understanding is correct, and the content is licensed to the consumer, then where is the full license agreement? RTF copyright law.
By the [above] argument, should we not consider it to be a shrink-wrap and thus largely unenforceable EULA? No.
Is it not true that shrink-wrapped software is not returnable to the retailer but it is returnable to the manufacturer upon termination of license? Depends on the terms of the shrink wrap license and whether your state's law and/or courts uphold them.
Should not music be under the same category? Everything, including food, shelter, health care, and music, should be free, but society has yet to find a way to achieve this.
What exactly do the RIAA's customers actually pay for? Retail purchasers of music CDs get 1) The media. 2) A license to use the copyrighted work in accordance with copyright law. The RIAA's actual customers are the record companies who finance it, they pay for lobbying Congress and for 10,000 lawsuits.
Until this question is answered, how can we possibly hope to communicate with the organization unless we know our exact terms and conditions that accompany the entire term of the transaction? Look up the copyright law FAQ.
Why does Slashdot print inane questions like mine? No one knows.
IAAL.
W33dz writes:
"2. You own the right to listen to and enjoy the product on the cd. It is yours to use as you see fit as long as you do not violate #3."
What if the recording sucks and I don't enjoy it at all? Does that constitute breach of contract?
My
Limekiller
Granted, I am a moron. I also have poor spelling and grammer. I may also be completely, utterly, blatantly wrong and I hope that I am. But if this is the most bizarre thing you've seen on the Internet today, you aren't trying hard enough.
Well to be fair, I have a job that doesn't permit me a great number of web browsing opportunities. Now I'm home for the day, so perhaps I'll see something more bizarre tonight.
-- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
I first attempted to get it answered some 10 years ago by several music stores and they could not answer it.
Yeah, me too brother. But it was 16 years ago. And they were cassettes. And it was because my transaction consisted of stuffing them in my jacket and hoping no one saw.
Hell of a lot of trouble for a Phil Collin's tape. I blame Phil. He steered me to evil.
Back to the point - did your conversation with store security go like mine?
Sir, could you open your jacket?
Huh? Oh, crap.
Come with me sir
Hey man, it's not like they're REALLY worth anything. I mean, what IS music?
Sir, are you drunk?
Huh? Oh, crap.
I guess I should have talked to attorneys, but I was a teenager clueless of such an avenue.
See, they typically offer you one when you get busted. They did me anyway. I think.
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