KVR Audio

Mikelo · Post by **Mikelo** » Mon Jul 25, 2005 12:51 pm

Hi folks, Just wondered if it what legal to sell my sample cd collection on ebay? I have so many, all original of coarse and in mint condition. The trouble I find on reading some of these inlays is the issues of selling or using these libraries is at times, quite confusing. If anyone could shed some light on this subject, Id be greatful.

Meffy · Post by **Meffy** » Mon Jul 25, 2005 12:55 pm

The best way to really know is to read the license agreement. Some allow you to resell it (if you remove it from your own system, of course), some don't. Some will do it if you pay a transfer fee.

If the agreement is too confusing -- and some of them are pretty hard to figure out -- tell what you have. With luck, other people who have the same sample sets will help.

Or contact the companies who make the sample CDs directly. That way you can be SURE you're getting the facts.

Good luck!

pitchdrifter · Post by **pitchdrifter** » Mon Jul 25, 2005 12:57 pm

It usually is not legal to re-sell opened sample libraries. You should however refer to the license agreements coming with each of the cds. You'll find a ban on reselling in most cases.

Mikelo · Post by **Mikelo** » Mon Jul 25, 2005 1:08 pm

Meffy thanks. Here's a small list of what I have....
Zero G - Vocal XTC
Zero G - Total Trance
Zero G - Rock & Pop vocals
Zero G - Dance Vocals
Zero G - Spice of India
Zero G - Orchestral Flavours
Zero G - Pure R'n'B
Zero G - Pro series Flemenco
Zero G - Pro Series Dance Synths
Zero G - Pro Series Drum & Bass2
Zero G - Sabroso!
Best Service - Future Trance
Uebersschall - House Essentials
PrimeSounds - Dirt Keeps The Funk
Power FX - Downtown Strings 2

Meffy · Post by **Meffy** » Mon Jul 25, 2005 1:25 pm

Sorry, I don't have anything from those companies. If the license agreement isn't clear, it's definitely best to email the people who produced the CDs to ask. Some will say no but will consider a polite request. Others say no and stick with it. Some say "sure, just erase your copy first." But I have no idea what policies those companies follow.

Mikelo · Post by **Mikelo** » Mon Jul 25, 2005 1:28 pm

ok Meffy, thanxs again

adamatic · Post by **adamatic** » Mon Jul 25, 2005 1:28 pm

i dont see how a "you cannot sell this sample cd" clause in a non legally binding shrinkwrap license can be enforced. if a car dealership put a little post card in the glovebox of your new car saying: "by driving this car off the lot you agree not to sell this car without permission of the manufacturer" they would be laughed out of court. anyone here been on the wrong end of legal threats for selling a sample cd they've purchased?

original flipper · Post by **original flipper** » Mon Jul 25, 2005 1:43 pm

HI

I think if your 'worried' about selling them you are probably best not doing so.

I am the opposite - I would just sell them, I don't believe in the whole concept of you buy a licence to use the material but we own and will not allow you to sell on the physical product - how pathetic!

These things probably make hardly any money for the end user and it's like they want to control what you do with them as well.

Ultimately they think that people selling 'their' sample CD's are otherwise going to loose them sales, come on at £60 a shot it's highway robbery and people that buy 2nd hand would probably never have bought at full price.

Flipper.

Mikelo · Post by **Mikelo** » Mon Jul 25, 2005 1:48 pm

Thanx folks for the replies. I totaly agree with you adamatic an original flipper. Hell there's nearly £800 spent on that little list I made alone!

Failed Muso · Post by **Failed Muso** » Mon Jul 25, 2005 2:30 pm

adamatic wrote:i dont see how a "you cannot sell this sample cd" clause in a non legally binding shrinkwrap license can be enforced. if a car dealership put a little post card in the glovebox of your new car saying: "by driving this car off the lot you agree not to sell this car without permission of the manufacturer" they would be laughed out of court. anyone here been on the wrong end of legal threats for selling a sample cd they've purchased?

Not a great analogy. It's impossible to make a back up copy of the car and sell it on, whereas it is entirely possible (and extrememly prevelant) to make a back up copy of the sample CD and sell it on. That is why most licence agreeements (which are totally legal and binding BTW) state that you cannot sell on without appropriate authority, if at all.

Meffy · Post by **Meffy** » Mon Jul 25, 2005 2:43 pm

Agreed, Lovesign. I don't like resale restrictions, and wish they'd be changed. But they are the law. And I understand the sample makers' concerns.

If you sell sample sets that don't allow license transfer, the buyer won't be getting what they pay for -- just some circles of plastic and maybe a box. The buyer won't be legally entitled to use the samples.

The time to find whether or not you can legally resell sample sets is before you buy, not later. I'd prefer things were otherwise, but they're not.

Mikelo, do the right thing -- contact the makers of the samples and ask permission. You might get a pleasant surprise!

Because you asked here, I get the impression you want to stay on the right side of the law. :-) Doing it correctly will keep your conscience clear and guarantee that any buyers won't discover they've been ripped off.

deleted · Post by **deleted** » Mon Jul 25, 2005 2:48 pm

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Failed Muso · Post by **Failed Muso** » Mon Jul 25, 2005 2:51 pm

The sad thing is, if you trawl eBay, you will find hundreds, if not thousands, of sample CD's for sale, all of which probably have a licence that forbids the act.

And many of those CD's are copies of originals too.

As someone previously hinted at, it's an almost impossible situation to police and enforce.

Meffy · Post by **Meffy** » Mon Jul 25, 2005 2:52 pm

*sigh* Jonny, you seem to be missing the point -- which is this: check first to see if it's legit to resell. Just because someone else is selling warez doesn't mean it's okay to disregard the law... or to encourage others to do so.

My involvement in this thread ends here. I hope Mikelo will make the right choice.

deleted · Post by **deleted** » Mon Jul 25, 2005 2:52 pm

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sample cd legal question