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Into the DMCA Groove | 123 comments (123 topical) | Post A Comment
You have no rights then[ Parent | Reply to This ] (none / 0) (#21)
by Seamless on Mon Jan 12, 2004 at 10:06:16 AM PDT

Rick, the end result of your post is that the person who is given the CD recording is given no rights, and the recording company could demand the recording back at any time. Further, if you are correct that promotional items cannot be sold, then logically a promotional item cannot be given to any other person since the original grant from the recording company was personal and not transferable. That means that the jeans buyer can't loan the CD to anybody, there is no right to give it as a gift, and it cannot be sold by her estate. If those restrictions aren't contained in a printed license for the end user to read and accept before purchase, there's no legal grounds to restict any form of distribution. It's obvious that Gap has no protectable interest in how the promotional item is further distributed or in any effect upon their sales, as Gap is not the copyright owner. I doubt that any court would agree that Gap can attempt to enforce rights that they do not have. As far as Gap is concerned, they only were hoping to achieve 1 sale by offering the copy of the promotional CD, and that was accomplished. After all, if Gap could somehow restrict the sale or distribution of a promotional item--which they do not own, and only had a license to distribute--then certainly, under your logic, Gap could restrict the distribution or resale of the underlying product (jeans), which only a judge nominated by GW Bush would allow.

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Parent Loan[ Parent | Reply to This ] (none / 0) (#31)
by Anonymous User on Wed Aug 30, 2006 at 08:21:20 PM PDT

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resale[ Parent | Reply to This ] (none / 0) (#96)
by Anonymous User on Thu Mar 20, 2008 at 12:46:10 PM PDT

between a media outlet and a record label or artist there is generally an agreement that prevents the resale or distribution of promotional items (of course there is a limit to the time that the promo item must be held). I think you made the exact point as to why the "artist" would want to remove the CD promotion from the Gap. There is no agreement with the shoppers not to distribute, or sell the CD. IMO Ebay should have stood up for its sellers

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