Is it legal to swap stuff??

DeVore

Weird conversation arose last night apropos of nothing... a group of my mates and I couldnt agree if there would be any issue with an online "swapshop".

ie: You send in your game/dvd/cd/whatever and can then select a game/cd/dvd/whatever of a given value from a catalogue of second hand stuff.

We fell into two groups regarding the legality of this.

The first group said that it would be ok so long as they were all legit originals.

The second group thought there would be some form of copyright issue especially for music.


Can anyone settle this argument for us?? (I went for group 1 btw!)

DeV.

Victor

It may depend on the terms on which the product was sold.

Many books actually have a legal page along the lines of: http://www.turnermaxwellbooks.com/THE_HOUSE_of_%2033.htm

Published by Turner Maxwell Books

First published 2009.
Copyright © Michael A. Ashton 2009

All rights reserved. No part of this publication may be reproduced, transmitted or stored in a retrieval system in any form or by any means without permission in writing by Turner Maxwell Books.

This book is sold subject to the condition that it shall not, by way of trade or otherwise, be lent, resold, hired out or otherwise circulated without the publisher’s prior consent in any form of binding or cover other than that in which this is published and without a similar condition including this condition being imposed on the subsequent purchaser.

The purchase of this book is a private sale between the reader and the publisher; at no stage will indemnity be claimed against the publisher. The moral right of the author has been asserted.

This novel is entirely a work of fiction. The names, characters and incidents portrayed are the work of the author’s imagination. Any resemblance to actual persons living or dead, events or localities is entirely coincidental and may be more the work of your own imagination. Why not write a book yourself? Turner Maxwell Books are an alternative co-operative of new writers, working towards publishing inspirational literature.

Printed and bound in the United Kingdom for Turner Maxwell Books.

The underlined bit is because many publishers allow credits for returned books, but only the cover is returned - the rest is pulped. However, it suggests that it is perfectly OK for people to share their book with others, provided this rule and the others are complied with. However, in running a library or video store, different prices are paid for those copies than for ordinary retail copies as the lender is profiting from the lending and reducing demand for retail copies.

When it comes to music, there is an issue with the ease of copying. Copying a CD is much easier (and cheaper) than copying a paperback and it is something people are likely to do.

I think the law is slightly unclear, but provided the swap shop doesn't profit directly and doesn't become so tainted like file sharing websites, I think it would be hard for publishers to have an actionable case against the swap shop, unless the term under which the material was sold changed radically.

PS Go straight to IEDR and your solicitor.

DeVore

It is your latter point that drew the argument out....

I know its easy to copy CD's and what not but the argument was that places like Gamestop take in quite a large amount of money from second hand sales of games and no one bothers them...


Its mad isnt it.... can we sell things we "own" any more??

DeV.

Thirdfox

DeVore wrote: »

It is your latter point that drew the argument out....

I know its easy to copy CD's and what not but the argument was that places like Gamestop take in quite a large amount of money from second hand sales of games and no one bothers them...


Its mad isnt it.... can we sell things we "own" any more??

DeV.

I think a lot of it is to do with the fact that we don't "own" the things you speak of but rather, get them on a licence.

Hence the issues with transferring your "own" CDs into the mp3 format for private personal use - I believe technically we only had the licence to listen to that audio recording in that particular format - as they'd prefer if you went out and bought an MP3 version of that song you already own.

^ or the above could all be in my head.