[78-L] Sale of promotional product

[David Lennick]

Some of us were looking over our shoulders when we took promo LPs to the second 
hand record dealers in the early 80s. I'm sure some of those still turn up, 
with "on loan only" etc. stamped in gold ink.

dl

On 1/6/2011 4:47 PM, Cary Ginell wrote:
>
> Some of the major record companies forced eBay to regularly search listings for key words such as "promotional," "DJ," and "demo" and terminate listings without warning, along with a threat to excommunicate repeated offenders. I know that MCA and Sony did this in the early 2000s.
>
> Cary Ginell
>
>> Date: Thu, 6 Jan 2011 14:51:19 -0500
>> From: mbiel at mbiel.com
>> To: 78-l at klickitat.78online.com
>> Subject: Re: [78-L] Sale of promotional product
>>
>> On 1/6/2011 1:36 PM, Cary Ginell wrote:
>>> http://www.variety.com/article/VR1118029772?refCatId=1678
>>>
>>> So the record companies finally lost this battle. Now we'll see if eBay stops terminating auctions of promotional LPs and CDs.   I doubt it.  Cary Ginell 		
>>
>> Since this case was specifically about someone who sold promo CDs on
>> Ebay, I would hope that the next step would be this person's resumption
>> of listings to test the waters -- and sue ebay if they pull the
>> listings.  I don't know if it was part of the evidence in these cases,
>> but there are numerous examples of the record companies themselves
>> selling records marked as Promotional Not For Sale.  The Warner Bros
>> Loss Leaders are prime examples.   This case seems to have rested on
>> both the First Sale doctrine -- which the WB Loss Leaders would fall
>> under, and the receipt of unsolicited items which you are always
>> entitled to dispose of in any way you feel fit, including sale.
>>
>> Mike Biel  mbiel at mbiel.com
>> ________________________________