posted on January 16, 2001 09:19:24 AM
Last week a friend listed a Paul McCartney interiew which was produced by a well known studio. This interview is on LP and is NOT a taped copy. The interview was produced for radio station play, with a copy of each set sent to a station in each major listening market. The listing contained the name of the studio which produced the LPs. So far no problem.
This weekend, the studio apparently contacted eBay and the auction was VeRO'd due to copyright infringement. It should also be pointed out that over a hundred items with the same studio name in the title have been auctioned in the last month. Same type of material but with different artists.
My question is WHY is this copyright infringement? The description contains only factual data, the studio name was not used to draw attention to the auction but only as a matter-of-fact description. Does this mean that I cannot use the company that produced an item anymore?
Also, who can my buddy contact at eBay to help get the situation straightened out? Or are we pishing up a tree?
posted on January 16, 2001 09:30:36 AM
Didn't you receive an email with the contact email/info of the copyright holder? If so, contact them and find out exactly what the infringment was. They may never answer, but that's a step in the right direction.
posted on January 16, 2001 09:33:32 AM
Was it one of those promo recordings: "For promotional use only, not to be resold" that arguably remain the property of the promotion company?
posted on January 16, 2001 09:37:37 AMMagazine_Guy, I had a cursory look at the LPs and the materials included, but don't remember seeing anything of the sort. I'll have my friend check. It should be pointed out that this item was picked up at a local record shop, so apparently the local radio station had no qualms about selling it. But it's a good point to check out.
posted on January 16, 2001 11:34:13 AM
Those radio shows are licensed for broadcast only, not for resale. I've got one from Westwood One Radio Networks: "Not for sale ... for licensed broadcast use only" right on the disc.
posted on January 16, 2001 12:16:21 PMlswanson: Your friend is probably SOL on this. I had a CD that I bought at Goodwill that I tried to sell on eBay. The VeRO member who had the auction pulled was listed nowhere on the CD, liner notes -- I'm telling you nowhere. I e-mailed the VeRO member until I was blue in the face and e-mailed eBay about their non-response until I was purple. No response EVER from either party.
With regards to your title: how does it work? If anyone ever figures it out, please let us all know.
posted on January 16, 2001 12:30:22 PM
Thanks Twin, I'll have my buddy check the label. I guess it's a problem because eBay is such a public venue. I know there's a lot of traffic in radio promotional materials among music collectors. The item in question is indeed a Westwood One production.
posted on January 17, 2001 05:07:30 AM
Best place I've seen to move these promo records is at local record swap meets. Seems those people will buy them with no problem. Ask at your local music store if they know of any coming up in your area.
