Is this promo legal?

[Franklin]

Hi there

My wife got a record sent to me as a surprise, and it has the following stamped on the back: "Lent for Promotional Use Only. Any Sale or Unauthorized Transfer is Prohibited and Void. Subject to Return Upon Demand by Owner. Acceptance of This Record Constitutes Agreement to the Above."

I know there has been some kind of test case regarding promos in the USA, but I don't know if it covers records that has specifics about being lent. Any thoughts?

Many thanks.

 

[leevitalone1]

The Feds and the NSA are coming after you now!

 

[Bob Romano]

I have dozens of promos that all say the same thing. I think your fine.

 

[Franklin]

The Feds and the NSA are coming after you now!

 

[leevitalone1]

Hi there

My wife got a record sent to me as a surprise, and it has the following stamped on the back: "Lent for Promotional Use Only. Any Sale or Unauthorized Transfer is Prohibited and Void. Subject to Return Upon Demand by Owner. Acceptance of This Record Constitutes Agreement to the Above."

I know there has been some kind of test case regarding promos in the USA, but I don't know if it covers records that has specifics about being lent. Any thoughts?

Many thanks.

Really, I think those are radio promo records.

 

[quadsearcher]

Radio, record store, review copies for magazines, give-aways, etc. As a youth I would be caller #9 or whatever to win an album. After a few visits to the station to pick up my winnings I asked if there were any unwanted records around the station. They showed me a room full of three foot high tilting and falling stacks of records. I quickly picked out as many as I could carry! They were all promos, either stamped, drilled, or cut. I did hear of some artist who owned their rights (maybe Ani DiFranco?) going to Amoeba records and demanding any promos they were selling. I have no problem if an artist wants their promos back from me! The notice is stamped on there to stop DJs or distributors from selling them for coffee money instead of playing them or giving them away.

 

[Franklin]

It must have been great fun to have got to go through those records and be able to take some. Nice!

 

[Franklin]

Apparently it's currently okay. I believe it's stuff to do with first sale principle, contracts not being valid without another party's agreement and other stuff.

 

[Quad Linda]

Forewarn your Wife that Constable Linda will be paying a call this evening.

She will be confiscating your ENTIRE disc collection, including promos, mono, stereo and surround titles. She will also be removing any IPA's, stouts, lagers, porters and other legal/illegal intoxicants from the premises. You will also be cited if there is not a dry Bombay Sapphire martini, as well as "bubbles and squeaks" awaiting her arrival.

You have been officially notified!

 

[Franklin]

:yikes

 

[Quad Linda]

Once upon a time, I worked for a shoestring outfit called CBS. Promos came flooding in, usually with a gold rectangle embossed in the cover and/or a white timing strip on the front cover. If I didn't have a promo the day the new release hit the street, I'd purchase it from one of my retail friends. If I later got a promo, the "for sale" copy simply got returned for credit. Likewise, if I bought something and hated it, that got returned, as well. CD's, 1/2 speed masters, import pressings, expanded and remastered editions were also reasons to return my old copies. Having friends/clients at many of the larger music retailers in both Illinois and Wisconsin, I got many promos. Although I still get a few promos, it is a trickle compared to what it once was. I especially loved all the live and compilation "promo only" albums that were never for sale to the public. Many of them are among the jewels of my collection.

I sorely miss all the record stores where I once got deals and unlimited exchanges. Record City, Radio Doctors, Peaches, Disc Records, Korvettes, Musicland, Rock Records, Crow's Nest, Rainbow, and so many more. Most of all, I miss the stores and the people themselves. In spite of all the free/deeply discounted music and gear I received over the years, I estimate that I've still spent over $250,000 on this hobby. Still, it was the best investment I ever made.

 

[leevitalone1]

It must have been great fun to have got to go through those records and be able to take some. Nice!

having worked at an FM station way back-the record companies would send tons of shit, and stuff would end up in crates and in the homes of station employees- stuff so obscure and bands no one ever heard of, and really no one wanted.

 

[leevitalone1]

Forewarn your Wife that Constable Linda will be paying a call this evening.
View attachment 13566
She will be confiscating your ENTIRE disc collection, including promos, mono, stereo and surround titles. She will also be removing any IPA's, stouts, lagers, porters and other legal/illegal intoxicants on the premises. You will also be cited if there is not a dry Bombay Sapphire martini, as well as "bubbles and squeaks" awaiting her arrival.

You have been officially notified!

HEY!! I got some too! How about busting me? And I insist on being beat up by her!

 

[quadsearcher]

having worked at an FM station way back-the record companies would send tons of shit, and stuff would end up in crates and in the homes of station employees- stuff so obscure and bands no one ever heard of, and really no one wanted.

As a fifteen year old I still knew it was mostly crap but it was fun to go through and check out. I remember some blues and folk in there, but yeah at that time mostly disco that wasn't quite very good. And I like disco and did back then.

 

[Circular Vibes]

I walked into a local station with my Grandma when I was 13. I asked if I could have a tour. The kind receptionist kindly went and asked a DJ to show me around. After the tour, chat in his office and a free Coke, he told me to wait in the lobby. He came out with a huge handful of 45's for me. He told me that the record companies sent 40 copies of every title to the station because they were hopeful of having a it and the records got cue burn real quick if they were popular. The garbage area was always full of records that didn't get airplay. They used to go into the dumpster once a week until the companies needed to recycle the vinyl. That ended my freebies. There were some great stuff in the promos that didn't fit the station's format.