Midnight Oil

[Powderworks] Capricornia promos on ebay

Michael Devall mdevall1@nc.rr.com
Thu, 14 Feb 2002 00:58:51 -0500


I checked the FBI warning on copyright infringement and yes it IS a felony.
Penalties can lead to maximum of five years in prison and a $250,000 fine.
A "promotional" CD is supposed to be used only to promote new music whether
it is on the radio, in a music store or any other place that promotes music.
The CD was never sold at retail and therefore cannot be sold by anyone for
profit legally due to the fact that the artist never originally got any
money off the CD.  There's that "$$$" thing again.  Think Napster, DUH.
Anyway, after the promotional CD is no longer needed and it is not requested
by the label to be returned to them, the CD may be given to anyone for
personal use only.  Those warnings on the promotional CDs are there for a
reason.  Abide by them.  A reminder for people who use EBAY that your real
name is on record at EBAY as part of your registration and can be given to
the authorities upon request for any civil or criminal investigations such
as illegal sales, false advertising or dishonesty although less likely on
the last two depending on the severity of the incident.  If one thinks I'm
overstating, try telling it to a courtroom judge.
Ciaos...

Michael


----- Original Message -----
From: "Peter Scott Poitras" <pete.poitras@the-spa.com>
To: "Oils List" <powderworks@cs.colorado.edu>
Sent: Wednesday, February 13, 2002 6:47 AM
Subject: RE: [Powderworks] Capricornia promos on ebay


> Felony, huh?  That would figure.  Can't stop terrorists but we're locking
up
> people who want to listen to obscure cuts of their favorite artists.
>
> Now, I'm not sure, but I'm thinking that this sort of an activity is not a
> felony.  That would put it on par with murder and such, which seems
> unrealistic.  Go to a record show, any record show, and see if there's any
> undercover cops just yanking people out for every felonious promo purchase
> they make.  Because that's what most of the merchandise is at those shows.
> Not saying it's right, but I think you're overstating it a bit.
>
> Pete
>
> -----Original Message-----
> From: Michael Devall [mailto:mdevall1@nc.rr.com]
> Sent: Wednesday, February 13, 2002 2:26 AM
> To: Peter Scott Poitras
> Subject: Re: [Powderworks] Capricornia promos on ebay
>
>
>      Just a reminder that in the United States promotional items such as
> promo CDs cannot be traded or sold legally.  The same thing goes for
bootleg
> items.  It has to do with this thing called copyright infringement.  I
> believe such actions are considered felony offenses under federal law, and
> penalties can be severe if you are caught which may include prison time
and
> of course a criminal record.  THIS IS NO JOKE.  Always think first.
>      As for music promotions, some BMG labels suck at promoting artists.
> CMC International Records, which is a lesser known label located here in
the
> Raleigh-Durham area, is a prime example.  They have such classic rock
> artists as Lynyrd Skynyrd, Styx, Tommy Shaw, Molly Hatchet, Ratt, Blue
> Oyster Cult, Nazareth and many other artists of such stature.  The only
new
> albums of these artists that I've known promoted by CMC International were
> "Twenty" by Lynyrd Skynyrd, "Heaven Forbid" by Blue Oyster Cult and "Seven
> Deadly Zens" by Tommy Shaw.  Such albums like "The Silent Reign Of Heroes"
> by Molly Hatchet and "Brave New World" by Styx which I thought were pretty
> good were never really promoted.  RCA Records and Arista Records, which
are
> the largest record labels through BMG, usually do pretty good in music
> promotions.  Our other record label here in the Raleigh-Durham area,
Mammoth
> Records located in Carrboro, is also a very good promoter.  They have our
> popular local band The Squirrel Nut Zippers, plus Seven Mary Three and Los
> Lobos.  Mammoth Records is through WEA though, not BMG.  Usually the
larger
> labels are the better promoters, but of course that is not always the
case.
> Promotions depend not just on the label, but also the producer, the
> management, and the artists themselves.  But the main thing that most
> everything revolves around including music is always going to be this >>
> $$$.  Isn't politics wonderful?  TTFN...
>
> Michael
>
>
> ----- Original Message -----
> From: "Peter Scott Poitras" <pete.poitras@the-spa.com>
> To: <powderworks@cs.colorado.edu>
> Sent: Tuesday, February 12, 2002 8:07 PM
> Subject: RE: [Powderworks] Capricornia promos on ebay
>
>
> > Sigh.
> >
> > Funny how Liquid 8 is killing auctions.  They certainly don't seem to be
> > taking the time to promote.  A bunch of us filled out their form to be
> > volunteers to help hype the album/tour, and here the album is supposed
to
> be
> > out in a week and we have heard NOTHING.  Also, shows are being
announced
> > and on sale, and no contact either.
> >
> > And they freak and cancel auctions when the promos were already taken
out
> of
> > circulation?!?  I understand that's not necessarily the point of a
promo,
> > but then again, if they were being used at all, they wouldn't be on eBay
> in
> > the first place.  I know, spoken as the guy who was the high bidder on
the
> > Golden Age single...  :-(  And as we see from Jon's message, cancelling
> the
> > auction has led to a giveaway, which isn't helping the promotion either.
> >
> > Anyways, I'll go back to my cave.
> > Pete
> >
> > -----Original Message-----
> > From: powderworks-admin@cs.colorado.edu
> > [mailto:powderworks-admin@cs.colorado.edu]On Behalf Of Helstad, Jonathan
> > R APX
> > Sent: Tuesday, February 12, 2002 6:06 PM
> > To: 'powderworks@cs.colorado.edu'
> > Subject: [Powderworks] Capricornia promos on ebay
> >
> >
> > Fellow Powderworkers:
> > You might find the message below interesting. Liquid 8 has started
killing
> > auctions of Capricornia promos on ebay. Anyways, I'll be getting the
promo
> > tomorrow from this guy free-of-charge because he wasn't able to sell it
on
> > ebay! Cheers! Jon
> >
> >
> >
> >
> >
> > Sent: Tuesday, February 12, 2002 3:53 PM
> > Subject: WARNING: eBay AUCTION REMOVED - VeRO PROGRAM
> >
> >
> > >
> > >
> > > We regret to inform you that your auction:
> > >
> > >
> > >  Midnight Oil "Capricornia" promo advance CD
> > >
> > >
> > >
> > > has been ended at the request of Liquid 8 Records, a member
> > > of eBay's Verified Rights Owner (VeRO) Program, because
> > > they filed a sworn statement that it offers a product or contains
> > > material which violates their copyright, trademark or other
> > > rights.  In the interest of protecting all eBay users, we end
> > > such auctions to avoid any association with potentially
> > > infringing or unlawful items.
> > >
> > > We understand that sometimes mistakes can be made.  If
> > > you feel your auction was ended in error, contact the VeRO
> > > Program Member directly by emailing them at
kdooley@liquid8records.com.
> > >
> > > Of course, eBay is available to answer questions, but since only
> > > the rights owner understands their products and policies, we
> > > encourage you to contact them first.  If we agree a mistake has
> > > been made or the VeRO Program Member notifies us, we will
> > > allow you to relist the item.
> > >
> > > We also understand that even if your item is infringing, you may
> > > have been unaware of that fact, and may have listed the item with
> > >  the best of intentions.  Unfortunately, even if this is so, you still
> > > could face potential liability, so ending the auction is still
> necessary.
> > >
> > >
> > >
> > >   All Bidders have been notified and any associated
> > > fees have been credited to your account.
> > >
> > > **Keep in mind that listing of prohibited, questionable or infringing
> > > items, or the re-listing of ended items without the approval of eBay,
> > > can result in your suspension from eBay.
> > >
> > > Thank you for your cooperation.
> > >
> > > Regards,
> > > Lynn (whyended@ebay.com)
> > > eBay Inc.
> > _______________________________________________
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>
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