QUESTION
Is buying or selling used CDs or DVDs violating copyright laws? If so, how are thousands of used CD and DVD stores worldwide doing this legally?
Asked on Dec 21st, 2012 on Entertainment Law - Washington
4 ANSWERS
Yes, anyone can purchase a used digital recording as long as the owner bought it legally in the first place. Copyright only impacts the creation and sale of copies of an original work.
Answered on Dec 28th, 2012 at 1:35 PM
Susan Marie Basko
It is legal to sell used CDs and DVDs, if you owned them legally to begin with and if they were sold to you publicly. I give those caveats because if you were given CDs as promo materials or came upon bootleg material or something, it is not legal to turn around and sell those. It is also illegal to create counterfeit CDs or DVDs and sell those.
Answered on Dec 27th, 2012 at 12:55 PM
Buying and selling used CD's and DVD's is not a violation of copyright law. It is legal as long as you have the proper business licenses from the city and state where you live and you pay any applicable sales taxes or other taxes that may apply.
Answered on Dec 27th, 2012 at 12:51 PM
Michael Alan Novak
Look up the "first sale doctrine"; resales are okay as long as they are not bootlegs (unauthorized copies).
Answered on Dec 27th, 2012 at 12:51 PM