[Vintage-Audio] Can One Sell A CD Remastered From Vinyl Legally?

Sheldon Daitch sdaitch at kuw.ibb.gov
Mon Feb 23 02:39:17 EST 2009


Duane,

about as close to anything being legal is if you still have all the original
vinyls used for your CDs and you transfer those vinyls with the CDs
with the understanding the owner cannot make a separate sale of
them. 

There are some gray areas of fair use doctrine which allows one to
make a copy for personal use, using the CD for daily play, and keeping
the vinyl for backup, should the CD need to be reproduced.

Nothing would prevent you from selling the vinyl albums, of course,
and if the CDs are thrown into the mix for free, you might skirt under
the copyright or performance issues.  Now selling the vinyl albums and
you keeping the CDs could be a major problem, and I'd submit selling
the CDs and keeping the albums would be perhaps an even bigger
problem, legally.

With all that said, unless you've been in the business of making large
numbers of copies, I suppose what you do might simply slide under
the radar, so to speak.

73

Sheldon


Duane Fischer, W8DBF wrote:
> Hello All,
>
> As many of you know, I have devoted a considerable number of hours to 
> remastering original vinyl albums to CD. Such as the late Floyd Cramer, the 
> brilliant RCA Nashville piano wizard. I now have fifty-two of his recordings 
> on CD.
>
> Suppose that I, or someone who someday receives my collection of remastered 
> CDS, decides to sell them. Is this legal? A copyright violation - among 
> others? Or, nobody cares!
>
> Thanks.
>
> Duane Fischer, W8DBF - WPE8CXO
> E-Mail: dfischer at usol.com
> Hallicrafters web site: www.w9wze.net
> HHRP web site: hhrp.w9wze.net
>
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