RIAA Bans The Reselling Of iPods With Preloaded Music
February 10, 2006

Although it may seem like a feasible idea, the Recording Industry Association of America (RIAA) says that reselling an iPod or MP3 player with music already preloaded on it is illegal.

"Selling an iPod preloaded with music is no different than selling a DVD onto which you have burned your entire music collection," the RIAA said in a statement to MTV.com. "Either act is a clear violation of U.S. copyright law. The RIAA is monitoring this means of infringement. In short: seller beware." Many people have been selling their used iPods online with thousands of songs preloaded on them.

Andrew Bridges, a lawyer for eBay that specializes in copyright and trademark law, told MTV.com, "It really depends on individual circumstances. I'm not sure the law is settled. If I'm a college student and I want to supplement my income by buying 100 iPods and selling them at a significant premium, that's probably not going to fly. But if I've had my iPod Shuffle for two years and I'm tired of it and I go out and buy a 60 gig video iPod and want to sell my old Shuffle, but don't want to purge the music first, that's probably legal."

Bridges said that he is not aware of a legal case that deals with this issue, but the law does not have strict guidelines in this instance. "Normally, only a copyright holder has the right to distribute copies of a work," said Bridges. "There is a very clear provision in the statue that says if you are in possession of a copy that has been lawfully made, you can distribute that copy without violating the copyright holder's copyright. That seems to suggest that there shouldn't be a case against a casual user disposing of copies they made for personal use when one is getting rid of one's own iPod."

On the other hand, RIAA President Cary Sherman disagrees. "Both cases Andrew cites are different types of infringement, it's just that the damages are higher for someone engaged in it for commercial benefit versus someone who isn't," he told MTV.com. "Unlawful reproduction or distribution is infringement. There is no fair use when someone is getting a complete copy of a work, especially a creative work and especially when it could have an adverse impact on the marketplace for selling or licensing that work."

A seller who had video iPods on the eBay market preloaded with over 6000 songs has already been contacted by the RIAA. Moreover, the RIAA is reaching a system of agreement with eBay where people who try to sell loaded iPods will get a warning.

The RIAA also addressed the issue of brand new iPods being sold with preloaded content on them, like Boston's TvMyPod which sells video iPods preloaded with DVD content the customer has purchased. TvMyPod's owner, Vijay Raghavan, said that his business is not breaking the Millennium Copyright Act because the customer gets the original and the copy and the DVDs do not get decrypted in order to load them onto the iPod.

Sherman said that the RIAA's hands are tied in this case. He said that technically they are not allowed to do without a license, but there is no such license that exists.




 
Breaking News
Chris Kampmeier Announces Retirement, Rick Everett Named RVPP/iHeartMedia North Florida
HBO Documentary on Jimmy Iovine & Dr. Dre Coming Soon
Eleven Seven Music Group Appoints Steve Kline As CEO, Expands Staff
December 8, 2016
Warner Music Group Reports Fourth Quarter & Full Year Results
Coleman Insights Names Jessica Lichtenfeld as Associate Consultant
December 7, 2016
iHeartMedia-Indianapolis Names Brad Polston Market President
SFX Entertainment Rebrands As LiveStyle, Inc.
Lux Moves to Morning Drive at NOW 96.3/St. Louis
Alpha Media Names Chelsea Thomas New Morning & Middays Host/MD For WDJX/Louisville
December 6, 2016
Cumulus Media Lafayette Names Scott Chiasson VP/Market Manager
Capitol Music Group Promotes Jeff Temske To SVP/Streaming, Strategy & Research
Jeff Kapugi Exits WUSN/Chicago & CBS Radio VP/Country Programming Post
iHeartMedia Atlanta Debuts DJ Scream & Hoodrich Radio Broadcasted On 92.3 & 96.7 The Beat
WMMR's Preston & Steve Camp Out for Hunger Receives Record-Breaking Food Donations
December 5, 2015
Delilah To Be Inducted Into NAB Broadcasting Hall Of Fame
Interscope Records Continues to Roll in 2016
Liz Morentin Named Executive VP/Comms and Media At Warner Bros Records
December 2, 2016
CBS Radio Elevates Tracy Brandys To SVP/Market Manager & Director/Sales, Baltimore
WKST/Pittsburgh's Stuff A Bus Fills 57 Buses With Toys For Toys For Tots
Dan Dalton and Roc Nation Form Management Partnership
December 1, 2016
iHeartMedia Launches On-Demand Streaming Services
105.1 The Bounce/Detroit Announces On-Air Lineup
November 30, 2016
Alpha Media Names Ronnie Stanton VP/Programming
Music News
Greg Lake of Emerson, Lake & Palmer Passes Away
Quick Hits: Taylor Swift, Zayn, Tom Petty & The Heartbreakers
Quick Hits: Lady Gaga, Forecastle Festival, Ryan Adams, We Rock with Standing Rock concert
FMQB Retro-Active: Ken Sharp Revisits the Iconic Album Pet Sounds, and Delves Into New Music with Joyous Wolf
Beyoncé Leads 59th Annual Grammy Nominees
The Weeknd's Starboy Rises to the Top
Quick Hits: Justin Bieber, Guns N' Roses, Carolina Rebellion & Welcome to Rockville, Dick Clark’s New Year’s Rockin’ Eve With Ryan Seacrest
Prince Documentary, Celebration on the Way in 2017
Quick Hits: Alessia Cara, Lady Gaga, Dead & Company
Quick Hits: J. Cole, Bon Jovi, Grouplove, Kid Cudi, ABC's Dick Clark's New Year's Rockin' Eve
Metallica Earn Sixth #1 Album on Billboard 200
Quick Hits: Taylor Swift, Rock On The Range, Kelly Clarkson
Quick Hits: Grammy Hall Of Fame, Soul Train Awards, Guns N' Roses
Justin Bieber and Drake Top 2016 American Music Awards
Quick Hits: Bruno Mars, Adele, The Weeknd, Chance The Rapper
FMQB NOW

Ross Mahoney, PD
KXTE, Las Vegas



Question Of
The Week

Advertisement:
Search FMQB.com
Advertisements:
FMQB Member Login
Email:
Pass:

Save
Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!