topic Re: Copyright Question in Selling

Copyright Question

michael_cullis — Thu, 26 Jul 2018 09:36:52 GMT

I recently scheduled the listing of a rare but scuffed vinyl album. In my description I offered to include a CD-R copy of the record with all the surface noise removed. eBay sent me a message telling me that they had removed my listing because it infringed copyright. The relevant legistration in Australian law states that one can make copies of CDs, DVDs, cassetters and records as long as the original item remains in your possession. Once you no longer have the original item the copy breaches copyright. I was trying to sell the original record with the copy. Is eBay unaware of Australian law or does it have a blanket rule?

Re: Copyright Question

kopenhagen5 — Thu, 26 Jul 2018 09:41:19 GMT

You cannot sell a copy nor make a copy and give it away.

I would just list the album on it's own.

Re: Copyright Question

michael_cullis — Thu, 26 Jul 2018 11:01:54 GMT

That's what I have now done.

Re: Copyright Question

dazzledayz — Fri, 27 Jul 2018 00:58:46 GMT

You could just advertise it as a "Vinyl LP plus CD" and use a picture to describe the CD component.

(pic would be of a rewritable CD, possibly with notations)

It's your original wording (probably the word "copy") which the bots are picking up on.

Encourage anyone interested to contact you for details.

Re: Copyright Question

michael_cullis — Fri, 27 Jul 2018 01:15:53 GMT

Good idea!

Re: Copyright Question

digital*ghost — Fri, 27 Jul 2018 01:23:51 GMT

The issue may actually be that you've made a copy and are offering it in a commercial capacity, even though it's being offered with the original at no extra cost. You can make copies for personal use, but including it in a listing, even though you may not be technically charging for it, isn't personal use.

Re: Copyright Question

dazzledayz — Fri, 27 Jul 2018 02:22:14 GMT

This is all very moot Digi.

A copy is ok for personal use if it remains in the owner of the original's possession and is not offered for sale.

Is this sale for a Vinyl LP and a Remastered CD or is it for a Vinyl LP only (with a CD thrown in)?

In other words, is ownership simply being transferred at no cost.

Would it also be illegal if the seller gave the buyer details of the remastering setup so the new owner could DIY?

It's probably a technical breach of copyright but this would keep a bevy of lawyers quite busy and a judge may be inclined to let it slide in judgement (depending on the condition of his liver lol).

Does the CD constitute an original work in it's own right as the OP has expended time and effort to remaster the original?

There have been a few cases in recent years to do with music sampling that seem to point this way.

If there is a breach here it is so minor one would wonder what the fuss was a about.

Just rework the listing to avoid naughty words and everyone should be happy.

Re: Copyright Question

digital*ghost — Fri, 27 Jul 2018 03:26:11 GMT

It depends on whether the listing was pinged by a bot or manually reported. If the latter, the reasoning could be along the lines that the copy is being sold / distributed.

I'm not trying to criticise the listing or anything like that, just that it may avoid trouble if it's not mentioned, just included.

Re: Copyright Question

michael_cullis — Fri, 27 Jul 2018 04:04:20 GMT

As stated earlier, Australian law says it's OK to have a copy as long as you also have the original. I was including the copy because the original LP has some surface noise. I was not selling or charging for the copy. In conclusion, I have done as suggested earlier.

Re: Copyright Question

digital*ghost — Fri, 27 Jul 2018 05:33:25 GMT

Have, not distribute. As dazzle mentioned it's probably a minor technicality at the end of the day, and I only mentioned it to help further issues from arising on eBay.