The VH Trade Site Forums Archives

[rhoadsfanz5150]

I just had a few quick questions about material that is out of print, and material being "deleted" from an artists discography, I would like to apologize in advance if this has already been discussed.

1. Speak of the Devil, The Ultimate Sin, Just Say Ozzy and Live and Loud have been deleted from Ozzy Osbourne's catalogue. Can I legally trade them since the artist/record company can no longer benefit from their existence?

2. If material is out-of-print, but existance is still acknowledged, ala, not deleted from the artists catalogue, can it still be traded? I'm basically talking about movie soundtracks that are out of print, and will most likely never be printed again.

Thanks for your time :thumb: , just want get clarity on trading rules.

[ron]

rhoadsfanz5150 wrote: Can I legally trade them since the artist/record company can no longer benefit from their existence?
No, but you are free to sell or give away your copy at any time.
rhoadsfanz5150 wrote: If material is out-of-print, but existance is still acknowledged, ala, not deleted from the artists catalogue, can it still be traded?
No, see above.

Disclaimer: IANAL

[BadassMOFO]

What if it's a delete??

[mfc]

I think the the legal arguments are two;

1. If the copyright is still in effect, your rights, or lack there of, have not changed just because it is no longer commercially available.

2. The artist, music company, etc... would argue that freely trading the item hurts their right to re-release the item at a later date. ie, if it's freely traded now there may be no money in re-releasing it.

As an interesting example, we often wish VH would release things like the US Fest. show (if it still exists). But, since it's been so freely traded they may have decided that there's no money to be made by doing so. Everyone already has it. They aren't going to think in terms of us diehards who would go buy it even though we already have 2 or 3 different copies.

[mr_mojo_halen]

Of course, if a record company see that an out of print title

is popular in the underground circuit, it may re-release that

title again.

[steecoe]

mfc wrote: I think the the legal arguments are two;

1. If the copyright is still in effect, your rights, or lack there of, have not changed just because it is no longer commercially available.

2. The artist, music company, etc... would argue that freely trading the item hurts their right to re-release the item at a later date. ie, if it's freely traded now there may be no money in re-releasing it.

As an interesting example, we often wish VH would release things like the US Fest. show (if it still exists). But, since it's been so freely traded they may have decided that there's no money to be made by doing so. Everyone already has it. They aren't going to think in terms of us diehards who would go buy it even though we already have 2 or 3 different copies.
Van Halen signed away their rights to the US Fest footage for 1.5 million...

[rhoadsfanz5150]

Thanks for the clarification everyone :).