Legal Question in Intellectual Property in California
Song Royalties via the Internet
If no royalties are paid to company when a used book is resold or given away to a library/person via a retail operation. Why is there a push to collect royalties by individuals who exchange music via the internet. Another example would be a music store that resells CD's are they subject to royalty payment to the music company/artist?
1 Answer from Attorneys
Re: Song Royalties via the Internet
The most obvious reason is that reselling a book is not copying, while "file sharing" of music IS copying.
Beyond that, the difference lies in the license or other contract between the copyright holder and the first purchaser, and the body of law that has developed around copyright in general.
It is permissible to resell a used phonograph record or CD, but it is impermissible to Xerox(TM) a used book. Again, reselling the original is not the same as making copies of it.
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