Re: [ARSCLIST] Fw: [78-l] (Fwd) Naxos Wins Landmark CaseAgainstCapitol/EMI

[stevenc@xxxxxxxxxxxxxx]

----- Original Message -----
From: "Mike Richter" <mrichter@xxxxxxx>
> >    If an American goes on Amazon UK and buys these and they ship them
> >to America, who's breaking the law, Amazon UK or the purchaser? Or is it
> >somehow legal?
>
> Probably, no one. It's not illegal to import such material. In other
> fields, it's considered "gray market". It certainly is not illegal to sell
> it in a country where its sale is legal. (Boy, talk about a tautology!)
Technically, the seller is breaking the copyright law...especially if the
buyer is asking it to ship the CD to the USA. If the seller sells it in
the UK (or for that matter anywhere in the Commonwealth) they can always
claim they had no idea it was destined for the USA. Remember, possession
of material sold in violation of the copyright act is NOT a violation of
that act...only its sale is.
In theory, Naxos is not at fault...they don't sell it in the USA and in
fact note in their promotion that it isn't sold there. However, if the
retailer sells it to a USA address, then they are breaking the law (though
it would be hard to prove that). However, if the buyer sells it to a used-CD
store, they are technically also breaking the law if they resell it in the
USA, since in theory the buyer could have bought it from the copyright
holder had they made it available (and not making it available, as was
noted,
is not against the law or abandonment of copyright). Likewise, if the
buyer elects to play it in public and charge admission to that event, he
would be in violation of the copyright (and several other laws!)

The idea is that only the copyright holder can make any money off the
copyrighted thing as long as that copyright is valid (or anyone he allows
to do so) in the country where the money is being made. In fact, the whole
idea of selling used recordings itself is on legal shaky ground!
...stevenc