Ethically purchasing used compact discs: ?

Discussion in 'Marketplace Discussions' started by Cherrycherry, Oct 26, 2019.

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  1. ShockControl

    ShockControl Bon Vivant and Raconteur!

    Location:
    Lotus Land
    Most of the objects in my home are used. These include LPs and CDs. I have kept things out of the landfill.
     
  2. lv70smusic

    lv70smusic Senior Member

    Location:
    San Francisco, CA
    Streaming pays very little, and it costs very little to have access to a lot of music.

    Buying physical media costs a lot more than streaming by a huge margin. Surely the industry set the price such that the first sale could compensate everyone fairly for the music contained on the vinyl/cd/tape (not saying that everyone was compensated fairly, just that they brought in enough money to go around). The argument that the industry deserves to get paid again and again in for the playback of music on that media is absurd. It doesn't matter who is listening to it, whether it's the original purchaser or someone to whom that person has sold or given the disc/tape.

    If that's the serious position of anyone in the industry, they can refund my money, plus interest, on all of the discs I have purchased over the years and then charge back the pennies per hundreds of play the music on those discs has enjoyed. I can guarantee you that the net refund to me would be huge. I'll keep paying them a fraction of a penny whenever I decide to listen to a specific song and then everyone can be happy, right?
     
    John Rhett Thomas and markreed like this.
  3. Muggles

    Muggles Forum Resident

    Location:
    Midwest
    Interesting. Looks like approximately 10% of the forum population are lawyers.
     
  4. Hadean75

    Hadean75 Forum Moonlighter

    Yes, property rights rule

    Never gave it too much thought before. :shrug:

    I can kinda see both sides of the argument. However, I think the original purchase is what counts.

    Once the artist/company gets the original payment/compensation for that particular disc, then that used disc should be free to be bought, traded, sold, etc.

    Plus, I can't imagine the complication of every single used vinyl lp, cassette tape, 8 track tape, compact disc, etc being subject to reimbursement to the artist, label, etc. Especially the ones where it may be a one-off artist or a short-lived label that no longer exists. How could you possibly keep track of that and enforce it? Newer artists MAYBE. But the older stuff where the record keeping may be limited or even non-existent? Way too messy and likely impossible to do.

    Also, in some cases, if the artist/company refuses to re-issue or (in some extreme cases) even acknowledge some releases, how else are we supposed to get them? (I'm looking at you, *********---I won't name the artist, but when all you get from the artist is one greatest hits comp after another rather than re-issuing their back-catalog because reasons, I'm gonna go the used route lol :nyah:).

    Totally unnecessary disclaimer :winkgrin::
    I am not a lawyer, nor do I have in-depth knowledge of property law/rights in terms of music. These are just my personal thoughts on the matter. So don't freak out okay? :unhunh:
     
  5. The Bishop

    The Bishop Forum Resident

    Location:
    Dorset, England.
    Most of the CDs I buy are second hand these days: I don’t have a conscious about it.

    I’m just happy to pick them off cheap!
     
  6. ElevatorSkyMovie

    ElevatorSkyMovie Senior Member

    Location:
    Oklahoma
    Grab a rip from the internet.
     
  7. Boy Blue

    Boy Blue Forum Resident

    Location:
    Washington
    A private trade is not “unethical”, the original creator/manufacturer got payed from the sale of the original product. What happens is they are simply denied a new sale, their property has not been stolen.

    You also can’t assume if a person was banned from buying a used item that they would automatically buy the same product new. This is because the product may no longer be available new, or the new price is out of their budget. I almost always buy used CDs because I want a mastering that is out of print. If the company wants to put that old mastering back in print, I would be happy to buy new. Of course, they will never do this.
     
    Lost In The Flood, ashiya and DRM like this.
  8. Brian Mc

    Brian Mc Member

    Location:
    Denver, CO
    What's unethical is forcing a brickwalled remaster upon my ears which I can't listen to anyways even though you've taken my money. Used is essential in many cases.
     
    Dave, Grant, ashiya and 2 others like this.
  9. The Pinhead

    The Pinhead KING OF BOOM AND SIZZLE IN HELL

    How is buying used wrong ? If the POs copied the CDs prior to selling it, it's they who infringed the law, not me. I have tons of them. If I'd bought everything new my collection would be way smaller.
     
    originalsnuffy likes this.
  10. markreed

    markreed Forum Resident

    Location:
    Imber
    That'a a depressing thought, that I haven't got my money's worth out of some of my purchases. Some of them I've played once and given up on because they're rubbish (and yes, I am looking at my huge pile of Pet Shop Boys and Depeche Mode remixes here) : I'm happy for them to take this approach. I know I'll be up on the deal in the end. I'll probably get at least £10,000 back.
     
    lv70smusic likes this.
  11. ricks

    ricks Senior Member

    Location:
    127.0.0.1:443
    • No, it hurts the musical artists and rights holders

      4 vote(s)
      0.9%
    • Yes, property rights rule

      384 vote(s)
      89.1%
    • Other, it's complicated

      43 vote(s)
      10.0%
    That's about as unanimous it will ever get on the internet and I'd wager that at least 1 of those 4 "no" votes accidentally clicked on the wrong radio button (circle). As muggles said appears 10% of the folks here are lawyers :)

    If they are new and struggling then likley they are getting close to 0.00 per unit sold anyhow. More of a chance that buying used introduces you to their music and as result pays off far better for the artist if you go to see them perform.
     
    Last edited: Oct 27, 2019
  12. docwebb

    docwebb Forum Resident

    House, furniture, paintings, books, CDs and even my second wife are used.
    I do think there is a lack of tact in posting on a struggling musicians or authors twitter account that you just bought a used copy of their CD or book.....but it's legal and ethical.
     
    Fullbug likes this.
  13. Schoolmaster Bones

    Schoolmaster Bones Poe's Lawyer

    Location:
    ‎The Midwest
    I'm okay with anything that causes the music industry to crash and burn. Burn it all down.
     
    ricks likes this.
  14. Wugged

    Wugged Forum Resident

    Location:
    Warsaw, Poland
    Did your second wife marry you on the grounds of your condition being Near Mint or Very Good + ? ......... :D
     
    Dave, ARK, docwebb and 3 others like this.
  15. Sex Lies And Master Tapes

    Sex Lies And Master Tapes Gaulois réfractaire

    Location:
    Nantes, France
    :laugh:
     
  16. humanracer

    humanracer Forum Resident

    Location:
    Edinburgh,Scotland
    Duran lost a court case regarding this recently.
    Depeche mode own their entire back catalogue.
     
  17. JFS3

    JFS3 Senior Member

    Location:
    Hooterville
    And it is not the buyers concern if you indeed did those things prior to selling the CD. The idea that the buyers of used LPs and CDs should engage in any sort of due diligence to determine the copyright status of the contents of the particular disc they are buying is absurd in the extreme.

    There is no ethical dilemma whatsoever in the buying of a used record or CD, and people trying to manufacture such need to get a life.
     
    Last edited: Oct 27, 2019
    Lost In The Flood likes this.
  18. Ivan Aaron

    Ivan Aaron What Sells ≠ What Streams

    Location:
    San Diego
    If you feel guilty after buying a used CD, find an address and send a check to whoever you feel that you have short-changed. But you’re kidding yourself if you think it only applies to recorded music. I make no such distinctions. And I feel no guilt. Chances are the labels and the artists management ripped them off far more than anyone else.
     
  19. Bill Hart

    Bill Hart Forum Resident

    Location:
    Austin
    Here's my take, having been around the industry for a long time (as outside counsel): back when I started, in 1981, the majors would seed new acts with advances, typically recording funds (yes, they were recoupable against royalties) but I remember a lot of contracts for no-name bands that got funded. If one out of X actually hit, the record company might see a real return to offset the investment in the many acts that went nowhere.
    Things changed when data compression and wider bandwidth became available. No doubt the majors just wanted to earn from legacy artists- and some could fault their A&R efforts to find new talent. But once Napster happened the cat was out of the bag for the mainstream -- people who didn't know code or much about computers could "file share." By that time, the industry was lagging behind on the digital delivery front and the consumers were all in favor of getting "free" music or paying only for the tracks they wanted. The theme was "stick it to the man."
    But, the reality was, not everybody was a Metallica, or The Eagles or McCartney. As the majors declined in importance, Big Data became the gatekeeper. I don't think they are much better in terms of curation, remasters or the like. The "old" system had its flaws but it also was rich enough to support talent, tours and marketing.
    There were also some people at the labels that cared a lot about music. Some were disruptors in their own right- like Chris Blackwell, at Island, who in the immediate post-psych period, signed a huge amount of talent that defined modern rock, pop and other genres. Thank Mo Ostin and the rest of that team at Warners for delivering an unbelievable roster of talent back in the '70s. And of course, other labels, large and small.
    At this point, it's pretty much eat what you kill. The fact is, artists make music because they are committed, not because they are seeking to get rich. However, the ability to make a living doing your art is very hard to do, and I think the change in business models has made it even harder.
    Technological change is a constant. I don't fault that, even though the changes tend toward convenience, not sound quality since it is a 'mass media' business.
    The question then becomes how to support artists that you care about-- whether it means buying their content through authorized sites at a premium over "free," attending shows or doing something else to help support the artistic community. Pretty much every town, large or small, has various initiatives, from health care for artists to incubators for new talent. You can support that in your own way--
    hell, you could decide to throw in with several friends for a party and hire a pretty good band to appear. There are a million ways to do this. Buying physical media is only one, increasingly small way that artists make money.
     
    Last edited: Oct 27, 2019
    ukrules, Dave, Grant and 2 others like this.
  20. powerq

    powerq Forum Resident

    If your father was his own architect, his plans and drawings may constitute a type of copyright. A real estate agent told me that is why floor plans are rarely included in home for sale advertising. As always, rights may differ by state.
     
  21. DRM

    DRM Forum Resident

    Paul is a billionaire.
     
  22. Mr-Beagle

    Mr-Beagle Ah, but the song carries on, so holy

    Location:
    Kent
    Fortunately we don't have the death penalty in the UK.:D
     
    Dave likes this.
  23. Oatsdad

    Oatsdad Oat, Biscuits, Abbie & Mitzi: Best Dogs Ever

    Location:
    Alexandria VA
    Did you make sure to pay royalties to her 1st husband? :D
     
  24. Exotiki

    Exotiki The Future Ain’t What It Use To Be

    Location:
    Canada
    Correct, 1.2 billion last time I checked
     
  25. originalsnuffy

    originalsnuffy Socially distant and unstuck in time

    Location:
    Tralfalmadore
    It’s established law that you can buy and sell used CDs, books etc. That has been litigated and the outcome is well known. Yes, the person who tapes or rips their LP or Cd before selling is the wrong doer.

    Streaming is not going away and will probably be the driving force in music delivery from here on out. So if you want to go fix something go fix the royalty payments on that.

    If you can, go see live music as that is pretty much the only way most artists will be paid in the future.
     
    BeatleJWOL and MielR like this.
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