HW: Promo Single (on E-Bay)

[Colin Allen]

That may well apply to promo CDs that are sent out to record companies,
radio stations etc.  However, these CDs are being "given" free of charge to
people who are on mailing lists (see message 29823 on the Yahoo list).  If
someone "gives" you something on that basis, it is your property.

Colin

----- Original Message -----
From: "Paul Mather" <paul at GROMIT.DLIB.VT.EDU>
To: <BOC-L at LISTSERV.ISPNETINC.NET>
Sent: Tuesday, August 16, 2005 9:20 PM
Subject: Re: HW: Promo Single (on E-Bay)


> On Tue, 2005-08-16 at 20:39 +0100, David Blair wrote:
> > In article <LISTSERV%2005081613220414 at LISTSERV.ISPNETINC.NET>, Mick
> > Davis <mickymoocher at AOL.COM> writes
> > >ive emailed the man a couple of times asking him to either state its
for
> > >charity or take it off the list as 25 quid isnt gonna do much for any
> > >bloody charity! i was told to mind my own business- any one agree with
what
> > >hes doing?
> >
> > Absolutely. I consider selling what is after all his own property for
> > charity to be admirable (I consider the bands/managements reaction to it
> > something else entirely), and I quite agree with him telling you to mind
> > your own business.
>
> I agree with everything you say except perhaps one small point: that
> it's his own property.  In my experience, promo copies remain the
> property of the record company---in effect, they are on "indefinite
> loan" and explicitly must not be sold.  (E.g., I have a promo copy of
> Sundial's _Acid Yantra_ I bought from a local record shop's used bins
> that has printed both on the CD and booklet, "For promotional use only.
> Sale or other transfer is prohibited.  Must be returned on demand of
> recording company."  Another promo CD I have is marked simply, "For
> promotional use only.  Not for sale.")
>
> This reminds me of a recollection on another music list I'm on.  At one
> time, Phil Walden, Jr., of Capricorn Records, was a subscriber and
> occasional poster.  When a flap happened about some people selling promo
> and pre-release copies on eBay, he mentioned an occasional lunchtime
> diversion in which he sometimes indulged.  He said he would bid high on
> Capricorn Records promos on eBay and then, when the auction ended, wait
> to see if anyone would dare claim payment when he revealed who he was
> (and that he in fact owned the item they were selling).  IIRC, nobody
> ever did. :-)
>
> Cheers,
>
> Paul.
> --
> e-mail: paul at gromit.dlib.vt.edu
>
> "Without music to decorate it, time is just a bunch of boring production
>  deadlines or dates by which bills must be paid."
>         --- Frank Vincent Zappa
>