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Posted By: Clive Selling Downloaded Music (Paid For) - 26th Nov 2011 10:26am
As i paid for my collection of Now That's What I Call Music vol-1 to vol-80 and Clubland Vol-1 to Vol-20 in download format am I allowed to sell it either on discs or transfere it from my drive to some one elses, as long as I delete it from my drive when its sold.

Is this legal?
Posted By: _Ste_ Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 10:34am
You cant do it willo.

They encode them so that they only work on your computer.
Posted By: DJ_Karl_David Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 10:38am
They dont encode them so they only work on your computer.

However you're still not allowed to do it.

Posted By: Clive Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 10:40am
They are not encoded, I thought that as long as i have paid for them, i could sell them, as long as i dont keep copies
Posted By: rhoobarb2002 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 11:41am
I personally dont see a problem if it doesnt say anything about resale in the terms and conditions of the service you downloaded it from and you didnt change, re-encode or strip any DRM from the 'originals'. But record companies like to kick up a stink anytime they feel they arent getting anything (they did the same with 2nd hand cd stores). Technically I see it being the same as reselling cds just in a different media format. But I'm no lawyer.

Maybe if you supplied a copy of the original receipt as proof you paid for it to any potential buyers?

It would be interesting to know if there was a legal precedent for this.
Posted By: lau2908 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 11:58am
Your not supposed to do you it but physically you can do it , however I cant really see anyone buying them really, I havent paid for a online song in my whole 15 odd years online
Posted By: DJ_Karl_David Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 11:58am
Ive been dealing with record companies for years both for my own music i make. And the music we sell in my shop so im pretty clued up on the legal side of it. And its illegal to resell Mp3s something to do with royalties and stuff.

This is the reason you should always buy hard copies.

However they would probably never find out and everyone would go about there day as normal ha!

Posted By: DJ_Karl_David Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 12:00pm
Originally Posted by lau2908
Your not supposed to do you it but physically you can do it , however I cant really see anyone buying them really, I havent paid for a online song in my whole 15 odd years online


Why would you not pay for a song in mp3 format?

Would you also go into a shop and take a CD for free?
Posted By: ex0__ Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 12:59pm
Originally Posted by Willo
They are not encoded, I thought that as long as i have paid for them, i could sell them, as long as i dont keep copies


Where did you get them from? If you 'bought' them from iTunes you don't own them, you've leased them. It'll detail in the eula why you can't sell them.

It's when finding out stuff like this about the unfairness of the music system online that people simply turn to torrents smile
Posted By: rhoobarb2002 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 2:09pm
Is it actually a proper law though, or just terms and conditions?

In other words, would it hold up in court?
Posted By: ex0__ Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 2:19pm
It's like renting a car and then trying to sell it. You can't sell something you don't own.
Posted By: rhoobarb2002 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 2:27pm
Not really, you dont pay weekly/monthly to have a cd in your posession and then give it back when you stop paying that fee.

Technically that also applies to software/games/cd's and other things, you pay for the right to use it, not actually own it or the rights to it. That is why media companies whine so much, that doesnt stop them from being sold in record shops/video game stores/etc. So my question still stands, is it a legally enforceable law, not just a companies T&C's?
Posted By: DJ_Karl_David Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 2:30pm
The law states if you own a hard copy then its ok to sell on.

But mp3s are not allowed to be sold on
Posted By: ex0__ Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 2:36pm
Originally Posted by rhoobarb2002
Technically that also applies to software/games/cd's and other things, you pay for the right to use it, not actually own it or the rights to it. That is why media companies whine so much, that doesnt stop them from being sold in record shops/video game stores/etc. So my question still stands, is it a legally enforceable law, not just a companies T&C's?


No. You pay for a physical licence of the media you listed. Music bought from certain online stores is different, you lease the track. You have no rights to it. If you buy a game or a cd you own the copy you have bought, but are restricted as to what you can do with that copy due to copywrite laws etc.
Posted By: rhoobarb2002 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 3:58pm
Willo you could try looking at https://www.redigi.com/home.html
Posted By: puntoar Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 8:13pm
Is it illegal then to transfer my tapes and CD to MP3 Format? Ive just started; not for selling or anything just for the convenience
Posted By: peodude Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 9:50pm
Originally Posted by DJ_Karl_David
Originally Posted by lau2908
Your not supposed to do you it but physically you can do it , however I cant really see anyone buying them really, I havent paid for a online song in my whole 15 odd years online


Why would you not pay for a song in mp3 format?

Would you also go into a shop and take a CD for free?


[Linked Image]
Posted By: lau2908 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 10:52pm
Originally Posted by DJ_Karl_David
Originally Posted by lau2908
Your not supposed to do you it but physically you can do it , however I cant really see anyone buying them really, I havent paid for a online song in my whole 15 odd years online


Why would you not pay for a song in mp3 format?

Would you also go into a shop and take a CD for free?


I wouldnt go into a shop and take a cd of course not however when i can download for free i see no point in purchasing
Posted By: lau2908 Re: Selling Downloaded Music (Paid For) - 26th Nov 2011 10:53pm
plus i think selling copied cd's is a thing of the past as most people now download/purchase via itunes and not like it used to be years ago where there was a massive demand for copied cds
Posted By: mb2496 Re: Selling Downloaded Music (Paid For) - 28th Nov 2011 11:07pm
Yes it is illegal. The Copyright Designs and Patents Act 1988 is what makes this illegal. And don't get started about the "backup copies" section of this Act, as this is not referring to making backup copies of games, DVDs, CDs, etc.

For those who think it isn't theft... it is. The diagram trying to justify piracy is wrong, as piracy is intellectual property theft, whereas stealing a physical CD is your run of the mill theft. Theft is theft.

It is quite right that you are purchasing a licence to listen or play the music. You cannot sell this licence as it isn't yours, therefore you cannot legally sell the digital copy of the song.
Posted By: ex0__ Re: Selling Downloaded Music (Paid For) - 28th Nov 2011 11:37pm
Originally Posted by mb2496
For those who think it isn't theft... it is. The diagram trying to justify piracy is wrong, as piracy is intellectual property theft, whereas stealing a physical CD is your run of the mill theft. Theft is theft.


Oh, there was me thinking it was copywrite infringement and that's why when people are stupid and don't know how to share without getting caught they get charged with COPYWRITE INFRINGEMENT and not 'intellectual property theft'.

[Linked Image]
Posted By: DavidB Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 1:16am
Trading standards will see things differently if you try and sell music that isn't yours. They actively attend car boot sales and confiscate and prosecute anybody doing it.

I've illegally downloaded a ton of music, but I've also spent thousands in the past 20 years on CD's and vinyl.
Posted By: _Ste_ Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 9:11am
willo who gives a toss mate its only a couple of tracks anyway just sell them on, you bought them you sell them end of, no onesa gonna prosecute you wink

Jees, i remember paying £10 each for pirated games in the days of the abacus computer fairs over in scouseland there, if the person that buys them aint assed just do it wink
Posted By: ex0__ Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 9:29am
I would have thought he'd have trouble finding someone to buy them in the first place. Anyone that buys music will buy it from iTunes or wherever, people that pirate music wouldn't spend money anyway. Why would people buy pirated tracks? Confuses me, but then I don't understand how the market for CD's or DVD's is alive in this day and age so .. tease
Posted By: mb2496 Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 1:54pm
Copyright (not Copywrite) infringement = intellectual property theft.

Intellectual property includes copyright, trade marks, designs, patents, etc...
Posted By: _Ste_ Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 2:12pm
Originally Posted by mb2496
Copyright (not Copywrite) infringement = intellectual property theft.

Intellectual property includes copyright, trade marks, designs, patents, etc...


Actually ex0 spelt "Copywrite" correctly, just you failed to spot the humour in it wink
Posted By: ex0__ Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 2:23pm
Yeah that's my bad, I'd just woken up.
Posted By: mb2496 Re: Selling Downloaded Music (Paid For) - 29th Nov 2011 6:25pm
Originally Posted by _Ste_
Actually ex0 spelt "Copywrite" correctly, just you failed to spot the humour in it wink


Oh go on, I am dying to hear this "humour"...
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