What are laws on ownership of bought albums from www vendors

Posted by: Mike-B on 11 February 2017

Does anyone know the law (if any) or has experience of the questions around ownership of albums bought from www download vendors ??      

1/  I know Qobuz, HighResAudio, HDT etc will allow more than one download of a purchased album:  is there a time limit or numbers of times they are obliged to allow that.  

2/  Is it possible to add another e-mail address to an existing one on your www vendor account,   & does the same apply to an overseas e-mail address.

Posted on: 11 February 2017 by Adam Zielinski

Mike - generally speaking the EU directive on copyright protection seems to differ in its implementation from one EU country to another.

In Poland we have an offset via purchases of electronic playback components (irrespective of a media used). Broadly speaking buying a piece of, say recorded music, grants the purchaser a right to hold it in any format (including ripping) and to share it with close relatives and close friends (of course it's difficult to enforce how narrow or broad one defines 'close circle').

Now to your question - I think the limitations you may be partially refering to are to do with royalty payments to an artists, rather than the outright ownership of a download once has purchased.

In distance-selling (a digital download offer can be seen as a trasaction that takes place outside of the vendors premisses, thus classifying it as a 'distace-sale')  if an offer is made by a seller and it is accepted by a buyer, a transaction is deemed to have taken place, once the goods have been paid for and delivered. The ownership of the goods is thus transferred to a buyer, once the 'goods' have been delivered - a physical item or a download. 

As to how this corresponds to the latest EU drive to remove intra-EU cross-border electronic barriers remains to be seen (ie a webshop in Germany cannot refuse to sell to a buyer in Italy - the so called geo-tagging).

Adam

Posted on: 11 February 2017 by Adam Zielinski

An example - Qobuz seems to be blocking download access for Polish IP addresses.... EU law is EU law and reality is just that...

Posted on: 11 February 2017 by Kacper

there is some certain rules. laws etc. due to region restriction that's why qobuz has been blocked for countries where they have no permission to operate (licenses etc.) - it's all about money.

Mike, I would rather check the conditions of the www shop. I know that for example HDtracks officially "open the gate" only once for an album but they also do exceptions if you politely ask them.

Posted on: 11 February 2017 by Kacper

in that way, HDtracks should be also blocked for most of the countries in the europe (exception is Germany and UK) but as far as I see there is no problem with downloading in The Netherlands and Poland - "god bless them for that" 

Posted on: 11 February 2017 by Adam Zielinski
Kacper posted:

in that way, HDtracks should be also blocked for most of the countries in the europe (exception is Germany and UK) but as far as I see there is no problem with downloading in The Netherlands and Poland - "god bless them for that" 

HD Tracks US block part of their content for Poland, depending most likely, on the royalty agreements.
HD Tracks UK seems to have opened for downloads from Poland now... selection is different to the US version though...

Posted on: 11 February 2017 by Kacper
Adam Zielinski posted:
Kacper posted:

in that way, HDtracks should be also blocked for most of the countries in the europe (exception is Germany and UK) but as far as I see there is no problem with downloading in The Netherlands and Poland - "god bless them for that" 

HD Tracks US block part of their content for Poland, depending most likely, on the royalty agreements.
HD Tracks UK seems to have opened for downloads from Poland now... selection is different to the US version though...

indeed, and sometimes different prices, some albums in german HDtracks are cheaper.

Posted on: 11 February 2017 by Mike-B

Thanks for feedback Adam,  maybe better if I say what I'm contemplating.    First;   EU directives are all over the place & the so called union does seem a bit dis-union'd,  but hey,  we have brexit coming so who knows.  The question revolves around I'm wondering if I can have a download vendor account with two e-mail & IP addresses, one UK & the other overseas.   The simple way is make copies & manually move them around,  but can it be done a bit smarter.  I know a number of tricks to overcome the Geo problem, that is not a problem.        The other question is simply how long the download vendors are obliged to keep your purchase record & allow access. 

Posted on: 11 February 2017 by Adam Zielinski

Mike - I think it's down to the intention and the nature of what it is that you are trying to do. By the looks of it you are prepared to pay for a digital copy - this is the most important thing.

As to how long one can access the download. I once had a problem downloading tracks from HDTracks - asked them for help and another download was enabled for my account (complete set from that transaction).

Posted on: 11 February 2017 by David Hendon

The directive is "all over the place" because it does not have direct effect. It has to be transposed into national law by each member state and that is what is all over the place, because existing national arrangements are different from country to country and different member states take different approaches to achieving the goals of the relevant directive in the national legal system.

I think for someone in the UK, as regards downloads, it would come down to what the licence/contract between the company and the individual says about the questions of the OP. I don't know about other jurisdictions.

best

David