HW: Promo Single (on E-Bay)

[David Blair]

In article <LISTSERV%2005081618275982 at LISTSERV.ISPNETINC.NET>, Hawkwind
<hw at CY-B.ORG> writes
>Of course, the clearly marked text on the cover,
>FOR PROMOTIONAL USE ONLY - NOT FOR SALE
>is irrelevant.

Yes. From the MCPS website -

"What about promotional copies?

Promotional copies are copies of records which are manufactured and
distributed to promote the same record."

Merely writing 'for promotional use only' etc on the cover doesn't make
it a promotional copy - it has to be a copy of the  record that's being
promoted, and these aren't.



>On Tue, 16 Aug 2005 21:43:46 +0100, Colin Allen
><colin at CALLEN18.FREESERVE.CO.UK> wrote:
>
>>That may well apply to promo CDs that are sent out to record companies,
>>radio stations etc.  However, these CDs are being "given" free of charge to
>>people who are on mailing lists (see message 29823 on the Yahoo list).  If
>>someone "gives" you something on that basis, it is your property.
>>
>>Colin

More from the MCPS -

"General guidance on use of promo copies:

Allowable Use:

    * Supply to TV/ Radio for broadcast or review
    * Supply to film companies for promotional purpose
    * Supply to music publishers for promotional purpose
    * Supply to overseas label for promotional purpose (listed as
promotional product on export declaration)
    * Single copy supplied to retail buyer
    * Copies supplied to ‘trade only’ music business events where there
is paid admission and a list of delegates is published.
    * Supplied to independent promotional companies e.g. record pluggers
(for the purposes as set out above).

Not allowable:

    * Supply to staff (except where dependent on job function, e.g.
sales promotion, marketing – we recommend that you apply to the Audio
Products department for agreement on staff categories).
    * Supply free to Charities.
    * Free give-aways to retail outlets or overseas customers under
merchandising deals.
    * Supply as gifts – corporate or otherwise.
    * Supply as competition prizes.
    * Sale of promotional copies."


So on 2 counts (They're not the same record and they've been given away)
these CDs are not promos.
--
David Blair