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Who owns your downloaded music after you die?

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  • Who owns your downloaded music after you die?

    Who owns your downloaded music after you die? Definitely an interesting topic. If you paid for it the same as a record or CD then why not?? If you had a record collection, then it would be passed on to your family. Why not a legit mp3 that you bought and paid for? Check out the link below.


    http://news.cnet.com/8301-13579_3-57505272-37/who-owns-your-downloaded-music-after-you-die/

     

    Dan

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  • #2

    I will ask to be buried with headphones on and my droid phone music collection streaming into my ears forever (or till the battery runs out).   As far as my hard drive collection, I'll let whoever's still here fight over it if they want.

    Comment


    • The EAKLE
      The EAKLE commented
      Editing a comment

      I remember when that Brue Willis thing came up. It convinced to me buy solely hard copy music from now on. As much as i love Apple, they're ridiculous when it comes to iTunes.


  • #3

    [O]nce you've acquired a lawfully-made CD or book or DVD, you can lend, sell, or give it away without having to get permission from the copyright owner. In simpler terms, "you bought it, you own it" (and because first sale also applies to gifts, "they gave it to you, you own it" is also true).

     

    ZDNet's Ed Bott explained last year that the first-sale doctrine only applies to tangible items. Digital music downloads do not work in the same way. Even if you spend money on a download, it only gives a license to listen to it, for example, but it often comes with restrictions such as preventing that person from lending it, sharing it, or burning it to a CD.

    I think the second quote I posted above from the article is very misleading because I can't think of any reason that the right of first sale would be any different for a downloaded song than for a physical CD.
    I should point out that I am not familiar with itunes (or any subscription service) all digital music I buy is downloaded to my hardrive from amazon and I own it. So I have right of first sale. Just like a physical CD... I do not own the copyright I own one (digital) copy of the music and could remove that digital copy from my computer and put it on someone else's computer because I bought the right for one person to own that copyrighted work (like buying one CD and not duplicating it).

    I think ZDNet's Ed Bott is confused. In his attempt to make it clear to people that you cannot duplicate your downloaded music and give it away (in the same way that you can't duplicate a CD) he decides to say, " that the first-sale doctrine only applies to tangible items".  Who says that a digital download on your hard drive is not a tangible item?

    A digital download is a copyrighted work like a CD is. I would imagine that everything I learned about copyright in a music law class in 2005 applies equally to a copyrighted work, even in digital form.

    Either I am right and Ed Bott should have consulted a copyright lawyer before makign his statement.
    Or I am wrong and copyright laws that apply to every copyrighted work have somehow been altered for digital music. I find that unlikely?  But my copyright law knowledge is 7 years old.

    Or maybe this is instead a discussion about having a subscription to itunes (something I know nothing about) and the legal agreement that goes along with that?

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    Comment


    • MikeRivers
      MikeRivers commented
      Editing a comment

      JetCityMatt wrote:

      [
      I think ZDNet's Ed Bott is confused. In his attempt to make it clear to people that you cannot duplicate your downloaded music and give it away (in the same way that you can't duplicate a CD) he decides to say, " that the first-sale doctrine only applies to tangible items".  Who says that a digital download on your hard drive is not a tangible item?

       

      I says. It wasn't a tangible item when you got it as a stream of bits. It only became tangible when you stored it on your hard drive or other storage device. But to be practical about it, if someone wanted your tune collectionk they'd probably have already copied it before you died.


      I thought this question was going to be about what happens to the copyright of your own music that you distribute (only) via downloads after you die? Do your heirs have the right to collect profits from your download sales? If so, how would you go about assigning that right, or getting it assigned?

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