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
Power 105.1/New York Announces Star-Studded Lineup For Powerhouse 2016
Forbes & PodcastOne Announce Partnership
WOGL/Philadelphia Names Nicky G Music Director
In Brief - August 30, 2016
August 29, 2016
Cumulus Promotes Justin Hach To VP/Digital For San Francisco Cluster
Entercom Boston Names Harris & DiLuca To New Sales Managers Roles
August 26, 2016
iHeartMedia Names Michael Saunders Urban Brand Coordinator & PD For KQBT/Houston
GUESS And Republic Records Join To Launch GUESS Music
August 25, 2016
CMG Orlando Names Dawn Campbell New Director Of Branding/Programming For WCFB-FM
CBS Radio Las Vegas Launches 98.5 (HD-2) Da Shaka Vegas' Island & Reggae Station
Cumulus Promotes Jessica Poxson To APD At WDRQ (NASH FM 93.1)/Detroit
iHeartMedia Names Ryan Petrosso SVP/Sales For Charlotte
FCC Commissioners Clyburn and Pai To Address 2016 Radio Show
August 24, 2016
Amber Bouchard Joins WRFF (Radio 104.5)/Philadelphia As APD
Songs of Hope XII To Honor Pharrell with Clive Davis "Legend In Songwriter Award"
Benztown Named to Inc. 5000 for 4th Consecutive Year
August 24, 2016
Matt Bosso Named APD/MD At WODS/Boston
Sterling Simms Named UMPG Director of Creative
MIW Radio Group Names Beth Neuhoff The 2016 MIW Trailblazer
In Brief - August 23, 2016
August 22, 2016
Nielsen Audio Finds Los Angeles Metro Irregularities
iHeartMedia Salisbury-Ocean City, MD Names Dave Hovel SVP/Programming
Images from the 2016 iHeartMedia Music Summit
'Wake Up Call' Radio Host Welcomes Baby Boy
Music News
Beyoncé Dominates 2016 MTV VMAs
Quick Hits: Justin Bieber & The Weeknd, Drake & Kanye West, Jimmy Eat World
Frank Ocean Debuts Atop Billboard 200 with Blonde
Quick Hits: Drake, Usher, Florence + the Machine, Jon Bon Jovi
Ariana Grande & Nicki Minaj to Perform at MTV VMAs
Quick Hits: Britney Spears, Calvin Harris, Kings Of Leon, Prince, R.E.M, Lorde
Pandora Partners With Questlove
Quick Hits: MTV VMAs / DJ Khaled / Lukas Graham, ASAP Ferg
Quick Hits: Justin Timberlake / Trolls soundtrack, Metallica, Jimmy Eat World, Big Boi & Killer Mike, Empire of the Sun
Second Frank Ocean Release Arrives Over the Weekend
Quick Hits: Billboard 200, Bridge School Benefit, Lou Pearlman, Future, 3 Doors Down, Kings of Leon
Frank Ocean Releases "Visual Album" Endless
Lars Ulrich Talks New Metallica Record
Strange Days Indeed: An Interview with Garbage’s Shirley Manson
Metallica Announce New Album Hardwired...To Self Destruct
FMQB NOW

          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!