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Q: CD Copywrite information ( Answered 5 out of 5 stars,   0 Comments )
Subject: CD Copywrite information
Category: Business and Money > Small Businesses
Asked by: yellowsub-ga
List Price: $4.50
Posted: 02 Feb 2004 17:17 PST
Expires: 03 Mar 2004 17:17 PST
Question ID: 302967
I run a small business where I frame and sell autographs of pop stars
along with a picture and CD. Its not majorly profitable but its fun! I
sell a lot of items on ebay and here is my question:

Can I add a copy of the framed CD with the item I sell? Obviously the
buyer cannot listen to the framed CD and I know you are allowed to
make a backup copy of any CDs you own. Am I allowed to give the backup
copy away with the original CD and frame, or will this get me in

Many thanks!!
Subject: Re: CD Copywrite information
Answered By: haversian-ga on 06 Feb 2004 15:14 PST
Rated:5 out of 5 stars
'Afternoon yellowsub,

Actually, if you make a backup copy, you are *required* to give it
away (or destroy it) with the original!  The courts have upheld the
concept of space shifting of content.  That is, if you buy a CD, you
are allowed to create a tape of it, put it on your computer or an MP3
player, etc. for personal use.  Naturally when you sell one copy (the
original), you can't keep the "backup" around to listen to.

Some reputable sources to look at for more in-depth discussions of the
legal issues involved:

The Electronic Frontier Foundation

Stanford University (contains many links)

Search terms:
   fair use
     and space shifting
     and backup copy
   copyright law
     and space shifting
   supreme court rulings fair use


Request for Answer Clarification by yellowsub-ga on 06 Feb 2004 17:20 PST
Hi there!

So you are saying that I am in the clear to give away a copy of the CD
with each item I sell???

Clarification of Answer by haversian-ga on 07 Feb 2004 10:43 PST
Yup, looks that way to me!

Keep on havin' fun.

yellowsub-ga rated this answer:5 out of 5 stars
Not only a perfect answer, but also the answer I wanted to hear!!!

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