US Court Shoots Down UMG Copyright Case
was on the CD that has caused the problem because it said that they were meant ‘for promotional use only and not for resale’. Which they claim, meant that Augusto didn’t have the right to resell the CD’s after he bought them.
In its decision the court stated that UMG had no control over the CDs once it sent them out and it was not expected that the purchaser should have to agree to any set conditions. This ruling has freed promotional CDs from any claims of copyright infringement.
The court thus has rejected this copyright infringement claim, as they said that just putting some kind of notice on copyrighted work does not prevent that work from being sold.
So it seems that once a copyrighted work is given then the holder doesn’t have the rights anymore. It cannot stop anyone from lending it to their friends or even selling it if they wish. It is up to the consumer what they do with it after purchasing the CDs.
It was apparent that UMG had transferred the title to all of the copies of the promotional CDs and that they cannot stick an infringement action on Augusto for his sale of the copies afterwards.
It is time that these types of rulings went in the favour of the consumer rather than the big record companies. Now we can do business and even afford raf insurance at least.
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