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From: coller@utah-cs.UUCP (Lee D. Coller)
Newsgroups: net.rumor
Subject: Re: "loaning" CDs
Message-ID: <3708@utah-cs.UUCP>
Date: Sun, 9-Mar-86 17:14:04 EST
Article-I.D.: utah-cs.3708
Posted: Sun Mar  9 17:14:04 1986
Date-Received: Sat, 15-Mar-86 19:34:03 EST
References: <2c50391a.2a75@apollo.uucp> <1710@wanginst.UUCP> <1848@hammer.UUCP>
Reply-To: coller@utah-cs.UUCP (Lee D. Coller)
Organization: University of Utah CS Dept
Lines: 35

In article <1848@hammer.UUCP> andrew@hammer.UUCP (Andrew Klossner) writes:
>In the U.S., the doctrine of first sale gives you the absolute right to
>lend, give away, rent, or sell a publication (CD, record, book, etc.),
>as long as it is not copied and is not used for a public performance
>(e.g., played on a for-profit radio station).
>
>In some European countries, you cannot in fact legally rent a CD.
>Hence the label, which is necessary to retain the publisher's rights in
>those countries.  We EstadoUnidados can ignore it.
>
>  -=- Andrew Klossner   (decvax!tektronix!tekecs!andrew)       [UUCP]
>                        (tekecs!andrew.tektronix@csnet-relay)  [ARPA]

Anyone interested in this subject should read the current US Copyright
act.

Under the current US copyright law, "phonorecords" are treated
differently from other copyrighted materials.  A "phonorecord" is
defined to be any recording of sound not accompanied by a motion picture
(this is paraphrased, I don't have a copy of the law right here).  The
principal difference is that when one purchases a copyrighted
phonorecord, the copyright holder retains the right to rent that
phonorecord.  The buyers has the right to lend it out (this is
specifically written into the law) provided there is no other agreement
with the sale.

When one purchases any other type of copyrighted material (such as a Video-
Cassette), one has the right to rent it.

Note, I'm not a lawyer.  Also, the above does not apply to leased materials
(such as software).
-- 
-Lee (coller@utah-cs.arpa, {ihnp4, seismo, hplabs, decvax}!utah-cs!coller)
"They say the mark of a good team is that it wins when it plays poorly."
	-- Jim Fassel, Head Football Coach, University of Utah