no one has contacted me - this is pre emptive as i have acess to very large volumes of these "newspaper promo" discs - we have not yet retailed any in any way.
i contacted ebay pro actively - they noted as long as i own the items and have the right to resale they can be listed for sale on ebay - primarily we need to know we have the right to resale these.....
Yes - these are listed all the time on Ebayt
In fact you have many record collectors (and dealers) who sell huge volumes of these
So as long as they are not stolen then yes you can sell them
Can I clarify anything for you about this today please?
was wanting more detailed legal grounding and information behind this rather than - yes they are listed all the time on ebay - we know that - we are asking for legal advice surrounding copyright and asssurance that resale of promo items like this in fact is legally sound under UK law so we are not faced with IP infringement notices and legalities. we had paid for high detail information but really havent had anything more than general info here..... We have access to millions of these discs so our concerns are valid.
yes these discs are as i noted b4 paid for and invoiced.....
They can not stop you as this would be a civil matter.
It is only passing off if you are producing something that is similar
In this case it is not - it is a product which has been produced by the record company
Therefore when other people sell it to you, that person is waiving any right to it and to comply with it for promo use only.
When you sell it you have no licence or contract with the record company
Therefore they can not make you abide by any conditions etc.
As long as you are not in breach of copyright (which you are not) they can not stop you
It is a matter of contract between them and whoever they supplied the promo music to
Can I clarify anything else for you please?
Thanks for that info --- i have waited til today as awaited response from IPO copyright office -- they have said that no copyright issues to complicate or prevent resale of these promo discs and i will be getting that in email documentation. Only question is therefore ---- We trade as a LTD company vat registered --- does this change anything as you noted that "they can not sop you as this would be a civil matter" ? Also would exporting these discs out of UK into europe or elsewhere worldwide raise any issues ? Should we value them on the export documents based on our cost price as effectively they have no face value ..... The BPI can be aggressive as they are looking after rights holders interests but it sounds like they have no legal grounding to act upon.... Presuming these aspects we will start to trade these. Thankyou for your enhanced response - i appreciate it.
The fact you are Limited does not change anything.
The fact you are Limited indeed protects the position should they decide for whatever reason to try and sue you.
But no, the fact you are Limited makes no difference
Can I clarify anything else?