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?

What exactly do the RIAA's customers actually pay for? 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?"

Comments

Why would we know?

[Anonymous Coward]

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.

What you are paying for:

[Matchu]

Is the RIAA's lawyers' brand new BMWs. Silly question.

What you bought

[Anonymous Coward]

(1) the physical CD media

(2) a license to the copy of the recording that is reproduced on the CD.

If your copy of the cd is destroyed, you're fucked. Youre license doesn't give you a generic license to a copy of the work that was reproduced on the CD -- it gives you a license to a *SPECIFIC* copy. You might have fair use rights in addition to the license rights, but that's a whole other ball of wax.

Copyrights?

[W33dz]

You are asking an interesting question, but I think you are getting too far into the trees and missing the freaking forest.

1. You own the materials that take home with you. If someone steals it out of your car, it is theft. You own the physical medium. Sort of like the difference between hardware and software. . .you own what you can touch.
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.
3. You do not own the right to edit, copy or otherwise distribute the product. The product is a copyrighted material. If you edit the song to use at a dance party you MUST get permission from the holder of the copyright.
4. You might argue that you expected more in the transaction, but in reality you are buying the medium and then buying the rights to use the product. You are not buying the product.
5. Fair use? Fair use regards using PART of the product in a way that is non-commercial. It is defined differently depending on who is using it as well. There is quite a bit more leeway for a teacher in an educational setting.
I need a prozac.