To Sell Or Not To Sell My MP3s?

Written by Okira Peralta.

If you own something, the belief is that you have rights to do, for the most part, whatever you want with it. If you buy textbooks in Thailand and re-sell them for higher prices in the U.S. on eBay, did you do something illegal? According to a ruling that was made this month towards a student who did just that, no, this isn’t illegal.

The decision made by the Supreme Court supports the “first sale” doctrine which states that the owner of a copy of work can “sell or otherwise dispose “of it without permission of the copyright owner.

What does this mean for the digital world? Capitol Records is currently suing a company called ReDigi for copyright infringement. ReDigi buys and sells people’s “used” mp3s to the public. While ReDigi feels protected under the “first sale” doctrine, Capitol Records alleges that “ReDigi makes and assists its users in making systematic, repeated and unauthorized reproductions and distributions of Plaintiffs copyrighted sound recordings.”

The Supreme Court verdict protects physical copies of copyrighted works. However, it seems the allegations towards digital resale may be vague.

Apple and Amazon are thinking ahead and have both applied for patents which would allow users to sell e-books, music, movies and software to each other by transferring files. It will be interesting to see the effect this will have in the future digital era. It may seem like a win-win for consumers, but it could be a negative hit for musicians in terms of original album sales.