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
CCM+E Names Maynard SVP of Programming
Bob Rivers Ending Long-Running Morning Show
In Brief - July 28, 2014
July 25, 2014
eQB NOW
The Week In Review: 7/21-7/25
Pandora Reports Increase In Revenue, Net Loss In Q2
WRQX/Washington, D.C. Announces New Morning Show
In Brief - July 25, 2014
July 24, 2014
WQHT (HOT 97) New York Names Jay Dixon As Program Director
Townsquare Media, Inc. Announces Pricing of Initial Public Offering
iHeartRadio Survey Reveals Funniest Woman in America + Best Disney Song Ever
In Brief - July 24, 2014
July 23, 2014
Taylor Swift, Coldplay & More To Headline 2014 iHeartRadio Music Festival
CC Media Holdings Reports 1% Revenue Increase In Q2
CBS LOCAL Personalizes Event Discovery, Content Delivery With Agreement To Acquire Eventful
Jacobs Media's 6th Annual Public Radio Tech Survey Released
In Brief - July 23, 2014
FMQB FYI... Links You Should Know About
July 22, 2014
Clear Channel's iHeartRadio Partners With AdsWizz
Nielsen, Pointlogic Forge Strategic Alliance To Develop Next-Gen Media Planning Solutions
Pandora Hires Lars Murray As VP Of Industry Relations
In Brief - July 22, 2014
July 21, 2014
Evolve Music Group Signs Worldwide Agreement With Capitol Music Group
Second Annual KBA WKU Radio Talent Institute Underway
2014 Conclave Learning Conference Dates Announced
Music News
FMQB Retro-Active: Ken Sharp Gets Up Close with Graham Nash and Tom Petty
Quick Hits: Nicki Minaj, Fences / Macklemore & Ryan Lewis, Courtney Love / Kurt Cobain biopic, Wings, Bleachers
MTV Names Iggy Azalea New Host Of House Of Style
The Week In Review: 7/21-7/25
Quick Hits: Lil Wayne, Metallica, Pearl Jam, Lionel Richie
Quick Hits: Farm Aid 2014, Beyoncé, Ozzy Osbourne, Stevie Nicks
"Weird Al" Yankovic Lands First #1 Album Of His Career
Quick Hits: Hilary Duff, Pharrell & Miley Cyrus, Jack White, Ryan Adams, Mudvayne / Greg Tribbett
Godsmack Unleashes Epic "Generation Day"
Quick Hits: MAGIC!, One Direction, Kimbra, Uncle Kracker, Billy Joel
Weezer Goes "Back To The Shack"
Quick Hits: Avicii, iTunes Festival, Adam Levine, The Script, Demi Lovato, Johnny Marr
Upcoming Maroon 5 Album Features Gwen Stefani Duet
The Week In Review: 7/14-7/18
Quick Hits: Beyonce, Teen Choice Awards, Aaliyah, The Roots
FMQB NOW

Farshad Family, SVP
Local Media Product Leadership
Nielsen Audio

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!