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Thu, 29 September 2005 11:10

Manualblock
Messages: 4973
Registered: May 2009

Illuminati (13th Degree)

You know; thinking about copyright laws and CD's I wonder this. Since when you purchase a CD you really only own the disc but not the recording; what would happen if for some reason the artist decided he no longer wanted his music to be sold. Does he have any right of rescision?
Could he require that all holders of CD's with his music on them return the CD and be refunded for the musical performance only?

Say Audioslave wants their recording of, "Doesn't Remind Me", returned because they no longer like what the mix sounds like. Could they request that all CD's be wiped clean and the owners be compensated?
I mean if you own something then you own the right to control how it is used right?

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Re: Copyright laws and CD's [message #2253 is a reply to message #2252]

Thu, 29 September 2005 12:01

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

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Re: Copyright laws and CD's [message #2257 is a reply to message #2253]

Thu, 29 September 2005 12:21

Manualblock
Messages: 4973
Registered: May 2009

Illuminati (13th Degree)

Not the way it is written. You only own the CD; not the performance. Not only can you not copy it; you can't play it in a theater where there is an admission price; you can't sell it. You can't include it in a performance. There's a lot of restrictions no one is aware of.

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Re: Copyright laws and CD's [message #2258 is a reply to message #2257]

Thu, 29 September 2005 13:13

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

That is true. You can't play the CD and charge admission for it.

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Re: Copyright laws and CD's [message #2259 is a reply to message #2258]

Thu, 29 September 2005 13:22

Manualblock
Messages: 4973
Registered: May 2009

Illuminati (13th Degree)

There you go. So what about my thought; what if the artist wanted the performance back. If you own it then you can get it back if you want it, no?

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Re: Copyright laws and CD's [message #2260 is a reply to message #2259]

Thu, 29 September 2005 14:12

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

You mean the CD that was sold or the performance? As you have noticed, the rights to the performance were never transferred, so there is no requirement of the copyright owner to "take it back". As for the single CD sold, I don't think there is enough extrinsic value in the individual CD to make that an issue. I suppose if it were the only copy in existance, like if the original and all other copies were destroyed in some freak accident, then maybe the copyright holder might ask to use it to make a copy for himself. But I can't imagine that ever being the case. If that's what you're talking about though, it's an interesting issue to ponder. I think the CD owner would probably allow the copyright owner to have access, unless the person with the CD was terribly vindictive or something.

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Re: Copyright laws and CD's [message #2261 is a reply to message #2260]

Thu, 29 September 2005 15:16

Manualblock
Messages: 4973
Registered: May 2009

Illuminati (13th Degree)

Thats what I mean; say an early pressing was released for some reason. The rights to the performance belong to the muscician and that includes the performance on that single disc. So he wants the performance back or for it to be erased from the disc. He is within his rights providing he compensates the CD owner.

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Re: Copyright laws and CD's [message #2262 is a reply to message #2261]

Thu, 29 September 2005 16:07

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

When the CD is sold, its purchaser has license for limited use. The purchaser has the right to the use of the disk, but not to adverse use.

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Re: Copyright laws and CD's [message #2263 is a reply to message #2262]

Thu, 29 September 2005 16:17

Manualblock
Messages: 4973
Registered: May 2009

Illuminati (13th Degree)

See It sounds to me when you point out it is sold with limited use that there is an implied posession authorisation. In other words limited use means the artist retains rights in that single disc with his work on it.
The right includes his restriction on how the disc may be used. If he controls how it is used then he holds certain rights that determine what happens to the disc.

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Re: Copyright laws and CD's [message #2264 is a reply to message #2263]

Thu, 29 September 2005 16:29

Wayne Parham
Messages: 18793
Registered: January 2001

Illuminati (33rd Degree)

There are some restrictions on use, that's what limited license is. The licensee can't make copies and put them up for sale. They can't play it for profit, like in a theater or show. They can't include a copy of it in a collection of works for sale. In some cases, the restrictions are made fairly specific, like computer programs that have license agreements that say how many computers or users (seats) can be allowed to simultaneously store or use the program and what kinds of backup copies can be made. Some even tell what must be done to transfer the license, if you plan to resell it later or leave it on a computer that is sold to someone else (like a used car).

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