Re: Circulating Promotional CDs

Jeffrey Clark (clarkjc@jmu.edu)
Wed, 14 Nov 2001 10:22:33 -0800 (PST)

Sharon,

Alas, the short answer is most definitely "no".

Such CDs, being promotional items and not purchased as commercial products,
aren't subject to the "first sale" doctrine and aren't transferable for
your library's use by the reviewer who received them.

Jeff

--On Wednesday, November 14, 2001 8:25 AM -0800 Sharon Herfurth
<herfurth@ctls.net> wrote:

> A librarian in the Central Texas Library System wants to know:
> A patron who reviews music CDs for various companies would like to donate
> the CDs to our library. However, the CDs would have "promotional, not for
> sale" labels on them. Can we circulate those CDs without infringing on
> copyright or other legal issues?
>
> Thanks,
> Sharon Herfurth
> Central Texas Library System
> Austin, TX
>

**********
Jeff Clark
Director
Media Resources (MSC 1701)
James Madison University
clarkjc@jmu.edu
540-568-6770 (voice)
540-568-3405 (fax)