Rights to Digital Music/Applications/Games after death?

drunkmonkey

Bruce Wills is apparently taking Apple to court over his right to transfer his iTunes collection to his daughters on his death. Not sure how true the story is considering the source but it raises the question about digital goods and ownership.
http://www.thesun.co.uk/sol/homepage/showbiz/4517317/Bruce-Willis-to-fight-Apple-over-music-rights-after-his-death.html

For example, If I bought a AC/DC CD many moons ago which has now just worn out. Should I not be entitled to a free download of it as I already purchased it? In fact am I? Could a record company really successfully take me to court here and win over me downloading something I used to own.

Personally I think there should be a downloading amnesty for anyone over 25 for 12mts.
If I was born in 1995 chances are I would still have every track and game I ever brought.

What would be the outcome if Bruce was to take his case in Ireland, should he be allowed pass on what's his?

krd

If you check the agreement on most software - typical Microsoft licence. you'll see that you never own the software. You just have a licence to use the software. And if Microsoft choose they can remove the licence.

If you check the licencing agreement on most music and film - and this goes back long before the internet. You do not have a right to distribute the recordings - you do not have a right to publicly perform the recordings. The only people with the right to distribute the copyrighted material are the people who have the copyright.

Procrastastudy

Interesting - There is some movement on Steam being sued regards selling digital copies - what it is is beyond me at the moment you could always google it.

Victor

krd wrote: »

If you check the licencing agreement on most music and film - and this goes back long before the internet. You do not have a right to distribute the recordings - you do not have a right to publicly perform the recordings. The only people with the right to distribute the copyrighted material are the people who have the copyright.

Ummm, just checking a CD here and all it says is copyright and "This label copy information is the subject to copyright protection" (whatever that means).

I can't see how it restricts how I can dispose of the CD as I like.

krd

Victor wrote: »

Ummm, just checking a CD here and all it says is copyright and "This label copy information is the subject to copyright protection" (whatever that means).

Yes, sometimes it's a short note, other times it's a long note. It's to inform you the material is subject to copyright. The notice doesn't even need to be there - but it stops a bootlegger from claiming in court that they didn't realise the material was copyrighted.

In the days before spivs like Julian Dotcom and Sergy Brin making billions from internet piracy, bootleggers would industrially produce knock off music and video, etc.

Occasionally there is an extensive note - but it doesn't need to be there either.

I can't see how it restricts how I can dispose of the CD as I like.

You can't see - because you think you're above the law or something.

The CD itself is a piece of plastic. The contents of the CD is intellectual property. And it is not yours to do with as you please.

drunkmonkey

So you saying there's a law regarding cd's that doesn't need to be written anywhere on the cd and we're just meant to know it?

I'm not sure of the law but it couldn't be illegal to make a back up of a cd you own or to get a replacement off someone else if your cd was damaged before you got a chance to back it up.

Now as you own the physical object (cd) there can be nothing wrong with passing that on in your will or as a random act of kindness. You can dispose of a cd pretty much anyway you like.

JTER

In answer to your questions

1) yes - do you know the exact piece of law that applies to murder?

2a) there is some provision for making backups from what I recall but I think its not fair dealing if you have to circumvent DRM , 2b) No , your friend would be reproducing the work without permission from the copyright holder and thus be in breach

3) You are right in saying that you can transfer the actual CD, the person who receives the cd has the exact same rights as you had to the CD . Ie personal use and selling the CD on etc.

Think of a haulage company with thousands of corrugated containers. At death if you transferred the business to me, I would own the containers and could sell them on or use them to operate the business but I do not own what is inside them. I have no rights to do anything with the content inside except what was agreed under the shipping contract.

What dictates your rights and responsibilities is the service agreement with Apple or the End User License Agreement with Blizzard . You are right to be asking these questions as they are becoming ever present. The reference to steam above is because of a recent EU judgment holding that the resale of used software licenses is allowed. Will be interesting to see how that plays out.

Virtual property's real world value is ever increasing which will bring it more and more under the remit of the courts in deciding the fairness of clickwrap agreements, which most of us just click without reading.

check out Andres Guadamuz's blog
http://www.technollama.co.uk/do-avatars-dream-of-digital-rights

krd

drunkmonkey wrote: »

So you saying there's a law regarding cd's that doesn't need to be written anywhere on the cd and we're just meant to know it?

Ignorance of the law excuses no one from compliance therewith.


Once the work is created it's considered copyrighted - or the rights are restricted to the rights holder. There can be an issue over who owns the rights but it's considered automatic. You can't just go along to the Aviva stadium, record LadyGaGa on your mobile phone, and then flog CDs out of the back of Busarus.

I'm not sure of the law but it couldn't be illegal to make a back up of a cd you own or to get a replacement off someone else if your cd was damaged before you got a chance to back it up.

It's "illegal" in the sense you're violating the rights of the copyright holder - but they're not going to kick your door down for making yourself a copy. I'm not sure about Ireland. But if you're trying to sell bogey CDs in the UK, the police and office of fair trading can turn up and throw you in jail.

Now as you own the physical object (cd) there can be nothing wrong with passing that on in your will or as a random act of kindness. You can dispose of a cd pretty much anyway you like.

You wouldn't steal a car?

You wouldn't steal a handbag?

Yes, of course you can pass your CDs on to your nearest and dearest. Just as long as you damage them, put a pin hole through, so they're only good for drinks coasters. Otherwise you're committing a criminal act.

You're not committing a criminal act. The law is there to stop people like Kim Dotcom, "sharing" to millions of people and making millions for themselves in the process.

MadsL

krd wrote: »

Yes, of course you can pass your CDs on to your nearest and dearest. Just as long as you damage them, put a pin hole through, so they're only good for drinks coasters. Otherwise you're committing a criminal act.

Wut? You cannot sell/buy second-hand CDs DVDs??? News to me.
What criminal act am I committing if I give away a CD?

Victor

krd wrote: »

Yes, of course you can pass your CDs on to your nearest and dearest. Just as long as you damage them, put a pin hole through, so they're only good for drinks coasters. Otherwise you're committing a criminal act.

Bull of the highest order.

I can understand if there was a restrictive licence issued with the CD, but there isn't. Therefore, only the Copyright Acts apply. Where in the Copyright Acts is re-sale prohibited?

mcmoustache

krd wrote: »

Ignorance of the law excuses no one from compliance therewith.


Once the work is created it's considered copyrighted - or the rights are restricted to the rights holder. There can be an issue over who owns the rights but it's considered automatic. You can't just go along to the Aviva stadium, record LadyGaGa on your mobile phone, and then flog CDs out of the back of Busarus.

This is correct.

krd wrote: »

Yes, of course you can pass your CDs on to your nearest and dearest. Just as long as you damage them, put a pin hole through, so they're only good for drinks coasters. Otherwise you're committing a criminal act.

You're not committing a criminal act. The law is there to stop people like Kim Dotcom, "sharing" to millions of people and making millions for themselves in the process.

This is garbage. Google the "First Sale Doctrine"*, please, before you come in here filling the thread with nonsense like that.

You know what copyright is, right? The clue's in the name and even then, most common law countries have various exceptions for "Fair Use"* - google that too, please.

To anyone who popped in here by chance, ignore that second bit that I quoted. It's ill-informed nonsense of the highest order.

* Different jurisdictions may have different names for these legal principles.

monkeypants

Okay, but what's to stop Willis' daughters from inheriting the licences to the music after his death?

Procrastastudy

Apple's anti-competitive business practices. How this company has the following it does is beyond me. All they ever do is redesign other people's ideas then claim it was then who where ripped off!

Rant aside - itunes is very different to a CD.