sample cd legal question

[Failed Muso]

*sigh* Jonny, you seem to be missing the point.

A frequent occurence

I agree with adamatic in a way, and the liscence agreement is never legally binding unless you agree to it, this maybe a tick box on install or a label over the CD case saying if you open the CD you agree to the liscensing, if not it is within your statorty rights to the return the CD (unopened) to the retailer for a full refund...

(after deciphering of the spelling)
Correct, but what is the likelihood of these CD's in question not being opened ? When was the last time you bought something for £50/£60 and never used it ??

Oh, I just realised what I said....

[Mikelo]

Thanx again everyone for their replies to my question. I thought that this would be a hard question to answer. Even thought all my cd's are genuine and in superb condition (cd cases included) I will not sell them on ebay until I find out for sure the legality of them being re sold. This problem seems to be in the same mould as re selling VST's as I have quite a few of them I want to unload (investing in more hardware).

[Bela D Media]

POSTED AS A BASIC EXAMPLE AND FYI ON THE MATTER


License and Usage Agreement

License

As with most sample library products, the user does not own any rights to said samples.The user has purchased a license to use said samples. Usage rights are listed below. The Giovani Edition sample library, or any Bela D Media product for that matter, is no exception to the rule.

. With the exception of creating a data backup for personal use, the user does not have the right to make copies of said library.

. The user does not have the right to share said samples.

. The user does not have the right to upload said samples to any form of Peer-to-Peer Internet file sharing service.

. The user does not have the right to resell said library.

As a user of the Giovani Edition sample library, you acknowledge and expressly agree to all terms. Violators of said terms will be prosecuted to the fullest extent permitted by applicable law.

Usage

The Giovani Edition is free of any usage restrictions with the exception of,

. The user is not permitted to resample said library and/or to create any form of sample library product with said samples.

. The user is only permitted to use said samples for commercial music libraries with the express written consent of Bela D Media.

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This is pretty standard. We hope it has shed light on the topic.

[original flipper]

HI

Let's be honest - if people were being sued left, right and centre over selling sample cd's does anyone believe the sample library makers would be in business?

No, I didn't think so either!

Flipper.