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
Cox Enterprises Names Alexander C. Taylor President/CEO
Delilah Inducted Into NAB Broadcasting Hall of Fame
April 25, 2017
CBS Radio Unveils New "Airtime Analytics" Measurement Tool
Entercom Rochester Names Michael “Mud” Gross PD At WCMF-FM
IFPI Report: Global Recorded Music Revenues Increase by 5.9%
Tom Calococci Joins Sheet Happens Prep For Affiliate Relations/Content Creation
CBS Radio Stations Take Home 25 Regional Edward R. Murrow Awards And 4 Overall Excellence Awards
April 24, 2017
Coran Capshaw To Be Honored With City of Hope's 2017 Spirit of Life Award
Cumulus Appoints Nic Merenda VP/Market Manager For Topeka, KS
Alpha Media Brings Throwbacks To San Antonio
iHeartMedia St. Louis Names Jules Riley PD For 93.7 The Bull
J. Anthony Brown Joins The Steve Harvey Morning Show
April 21, 2017
eQB NOW
Cumulus Promotes Heather Gersten To APD At WWLI/Providence, RI
April 20, 2017
iHeartMedia Washington, D.C. Names Tommy Chuck PD For WASH-FM
iHeartMedia Names Jeff Wyatt SVP/Programming For Baltimore, MD
Radio One DC Expands WMMJ-FM Listenership
April 19, 2017
CBS Radio's 'SPF" In Las Vegas Expands To Two Nights With Linkin Park
Magic 92.5/San Diego To Change Format To All Prince "Purple 92.5"
Clip Interactive Partners with Radio One & Reach Media
April 18, 2017
iHeartMedia San Antonio Names Russell Rush Program Director For KXXM
iHeartMedia San Francisco Names Matty Staudt Digital PD
WHLZ Turns On The Hot AC In Florence, SC
iHeartMedia Baton Rouge Names Brittany Tully PD For WYNK-FM
Music News
Kendrick Lamar Earns Biggest Chart Debut of 2017, Announces Tour
Quick Hits: Haim, Katy Perry, Madonna
Quick Hits: Harry Styles, Beyonce, Bumbershoot Festival, Life is Beautiful Festival, Phoenix, Paul McCartney, Elton John, Madonna
Quick Hits: Tori Amos, Kings Of Leon
Quick Hits: Beyonce, Rise Against
Prince EP Release Blocked By Lawsuit
Paramore Announce New Album After Laughter
Controversy Over New Prince EP
Quick Hits: NIN, QOTSA, Coldplay, Big Boi
FMQB Retro-Active: A Look Back at ELP
The Chainsmokers Debut Atop Billboard 200
Quick Hits: Lady Gaga, Gotillaz, Bourbon & Beyond
Harry Styles to Release Solo Debut on May 12
Quick Hits: J. Geils, Gorillaz, Tool
The Chainsmokers & Drake Lead 2017 Billboard Music Award Nominees
FMQB NOW

Nikki Nite,
VP of Prog. & Ops,
Entercom/Austin

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!