Copyright Battle May Cover Your Trash Can

Don’t even think about tossing that promo CD in the trash just yet. There’s a copyright battle brewing, and word from the trenches says throwing away a CD bearing a Universal Music Group promo label may be seen as “unauthorized distribution,” i.e. piracy.

In a federal court brief filed Monday by UMG, the slightly overprotective music group claimed that if a promo album bears the promotional use only label, UMG retains “eternal ownership” of the disc. This would mean any radio station, small record label or DJ who receives one can’t resell it, give it away, or even throw it away without violating copyright law, NetworkWorld reported Friday.

It seems UMG filed a suit last year against music collector Troy Augusto, who made some extra cash buying collectible promo CDs at used record stores and reselling them on eBay. UMG said Augusto was infringing copyright, having no right to sell the discs.

Fortunately, litigators at the Electronic Frontier Foundation have given me a newfound respect for their kind by challenging the industry behemoth. Their weapon of choice: the First Sale Doctrine, a little piece of copyright law that says once a copyright owner lets go of an item (CD, book, video, etc.), they can no longer control where it goes, who else sells it, and who throws it away. The First Sale Doctrine is the reason you can rent videos, sell your old books, or give your friend a CD.

The main issue here is the authority of UMG to trump the doctrine just by placing a promo label on the CD – especially when their distribution practices show they are anything but responsible for them. As EFF litigator Fred Von Lohmann told NetworkWorld, “They mail out millions of CDs, unsolicited, without any intention of their return, without even bothering to keep records of who has them, and then claim that these are just ‘loans’ and that UMG continues to own every one.”

According to EFF, the suit could potentially have much bigger consequences if a label is all it takes to control a single CD – it would mean other distributors could also keep Scrooge-like control over their merchandise, even keeping books out of libraries and videos out of rental stores. And yes, keeping your Fuel promos out of the trash can.

As a less-than-proud owner of one of these Fuel promos (a dollar! In 1998!), my hopes go with EFF and its noble lawyers. May the combined mana of music reviewers everywhere burdened with crates full of unsolicited bad music guide you to victory.

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