Legal Question in Intellectual Property in Ohio

Copyright Infringement

Would it be an infringement of copyright law to give away music? For example, I am a choir director. I purchased 15 copies of a Christmas cantata, which we used once and will not use again. Can I give it to another church for their use? What if they gave me some of their music in return? Thanks.


Asked on 12/13/06, 3:02 pm

2 Answers from Attorneys
David Anderson Anderson Business Law LLC

Re: Copyright Infringement

If it is still copyrighted (c), then it would be infringement. The author/composer loses the economic value which otherwise would accrue due to your transfer. Ditto if you sell it for other music for which you otherwise would be paying.

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Answered on 12/13/06, 3:56 pm
Shalem Shem-Tov The Shem-Tov Law Firm, Inc.

Re: Copyright Infringement

Under what's known as the First Sale Doctrine (see also 17 U.S.C. 109), if you are the lawful owner of the music, you may then dispose of that music however you wish. That is, you can throw it away, give it away, sell it, whatever. As long as you're selling or giving the ORIGINAL copy that you purchased, and that you have not made any copies of it to keep for yourself or to sell multiple copies, it would not be infringement.

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Answered on 12/13/06, 9:56 pm


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