Legal Question in Intellectual Property in Arizona

Small Business Owner Burning CDs as Thank You

A few years ago when I would order from certain Internet companies (some of which have really grown), I would receive a music cd with my order as a thank you. I have my own business and was wondering if when a customer made a large purchase, I could send them a thank you card with a CD of songs that I have bought from iTunes? I also know DJs who post mixes online of well known songs that they have altered. With the DJ's permission, could I send that to my customers without infringing on the rights of the artist?


Asked on 6/30/09, 4:59 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

Re: Small Business Owner Burning CDs as Thank You

You can certainly send thank you gifts. (very nice gesture!) When you download music from iTunes, you are only buying that one copy of the music for your personal use. So, if you are thinking of burning your purchased music onto multiple CDs to send to others, I think that's copyright infringement. iTunes actually has an "iTunes Gifts" store where you can purchase music and then have the gift delivered to the recipient (by email or printed gift card), and the recipient downloads the gift directly.

I am not going to get into use of the DJ's mixes. I don't have any idea where the DJ got the music, what rights he had to alter it, or what license he has to sell and/or distribute the mixes. If the DJ doesn't have the proper copyright licenses, he can't give you permission to send his mixes to others.

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Answered on 6/30/09, 5:51 pm


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