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
trouble.

Many thanks!!

'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
   http://www.eff.org/
   http://www.eff.org/issues/copyright/
   http://www.eff.org/IP/eff_fair_use_faq.php

Stanford University (contains many links)
   http://fairuse.stanford.edu/

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

-Haversian

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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???

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Clarification of Answer by haversian-ga on 07 Feb 2004 10:43 PST

Yup, looks that way to me!

Keep on havin' fun.

-Haversian

Not only a perfect answer, but also the answer I wanted to hear!!!