O.k I know that selling them is. How about this though?
I sell a piece of candy for 5 bucks and with your purchase you get a free CD?
I looked into the laws and it said that you can give a burned Cd away.
I know its not the most honest thing to do, but is it illegal?
2007-09-28 10:23:30 · 17 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
It is illegal to make the burned CDs in the first place. So if you are making them and then giving them away, you have violated copyright laws. Assuming the burned CD's were made by someone else, but you ordered them, it's still a violation - they aren't for your personal use and you are conspiring to commit a copyright violation as well as aiding and abetting. Assuming you found 500 burned CDs on the street, I think you're still on the hook if you give them away when you sell a candy bar for more than the fair market value and "give" the CD away because it is obvious that you are really selling the CD and giving away the candy bar. The most difficult scenario is if you found 500 burned CDs and gave them away or if you sold something that was really worth $5 and gave the CD away. That would be a tough call.
2007-09-28 11:21:21 · answer #1 · answered by Tara P 5 · 0⤊ 0⤋
Do you report this as income when you file your taxes? If not, then I might not worry about it just yet.
It's sort of a funny situation.
I know a guy who didn't have a license to sell food. What he did was sell little plastic army men for a couple bucks, and you get a free hot dog with every purchase. The difference is your messing with someone elses intellectual property.
2007-09-28 10:27:02 · answer #2 · answered by Master C 6 · 0⤊ 0⤋
It's a sham transaction. Good luck trying to convince a judge or a jury that customers were, in fact, paying $5 for a piece of candy (wink, wink) and delighted to get the "free" CD in the bargain.
2007-09-28 10:32:22 · answer #3 · answered by J P 7 · 1⤊ 0⤋
Uh...5 bucks for a piece of candy, that's pretty much buying the CD. I would have to say yeah.
2007-09-28 10:26:25 · answer #4 · answered by dGom 2 · 0⤊ 0⤋
In Alabama, it's illegal to loan shark. So what many companies do is if you sign up for internet access, they'll give you a $500 cash that must be repaid in a few months with a huge interest. So, most likely, it is not illegal. But be careful, someone may put two and two together and get you in trouble.
2007-09-28 10:28:32 · answer #5 · answered by Chris 2 · 0⤊ 0⤋
You can sell or give away as many CDs as you want.
However, you can't sell or give away music without permission from the copyright holder. So, as long as the CDs are blank, you'll be fine.
2007-09-28 10:30:31 · answer #6 · answered by Teekno 7 · 1⤊ 0⤋
If it's copyrighted content on the CD. But honestly, what are the chances you'll get caught. They have better things to worry about.
2007-09-28 10:31:05 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Yes, you are violating copyright laws. Unless you specifically get permission (in writing) from the artists on your CD, you are essentially committing a crime as you are using their art for your own profit.
2007-09-28 10:26:51 · answer #8 · answered by Pitchow! 7 · 1⤊ 0⤋
You don't own the copyrighted work, so its still illegal even if you "give" it away. The way they look at it is that person who received it now doesn't have to buy a legitimate copy, so they lose that sale.
2007-09-28 10:28:48 · answer #9 · answered by Limestoner62 6 · 3⤊ 0⤋
It depends upon the content. I sell old time radio shows on a website and it is legal because the content is no longer protected.
2007-09-28 10:26:58 · answer #10 · answered by kmcpmgoodson 5 · 2⤊ 0⤋