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LEGAL DISCLAIMERS
--FOR PROMOTIONAL USE ONLY--
This music is the property of the record company and is licensed to the intended recipient (DJ Ahmed Khan also known as The Atlantic City Record Pool) for promotional use only. Acceptance of this music by DJ Ahmed Khan (also known as The Atlantic City Record Pool) shall constitute an agreement to comply with the terms of the license. Resale or transfer of possession is not allowed and may be punishable under federal and state laws unless the formal acceptance of these terms by DJ Ahmed Khan (also know as the Atlantic City Record Pool) has been not been communicated to the Record Company.
--COPYRIGHT LAW--
The Record Company must be the actual owner of the copyright and must have timely or properly secured ownership of the copyrights from the original artists and writers. The Record Company is not entitled to statutory damages if the songs are not registered with the U.S. Copyright Office at the time of the alleged infringement. Under the copyright law, an agreement to transfer a copyright (or other “instrument of conveyance”) must be in writing and signed by the owner of the rights being conveyed. That is, a purported transfer of copyright is not valid without a written and signed document.
--FREE DOWNLOADS--
The Record Company may at some point, elect to allow consumers (DJ Ahmed Khan) an opportunity to digitally download one Artist-approved song, in part or in whole by the Artist for free, as part of a promotional campaign. No compensation shall be paid to Artist for any free digital downloads. Digital Phonorecord Delivery shall be defined in this Agreement as the transmission from a web site of a sound recording saved as a computer file, using compression techniques, downloaded in its entirety from a web site, directly over the Internet, to the home computer of a consumer.
--ROYALTY EXEMPTIONS--
No royalties will be paid to Artist on records given away for promotional purposes to disc jockeys or radio stations, etc. The Record Company will limit the number of promotional copies.
--THE FIRST SALE DOCTRINE--
The owner of a particular copy of a phonorecord lawfully made under [the Copyright Act] is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord. The first sale doctrine does not necessarily require a “sale” in order to apply. It merely requires an authorized disposition by the copyright owner through which title passes. Ordinarily this occurs as a sale, but it may also occur by way of a gift. [BOBBS-MERRILL CO. v. STRAUS, (1908)
No. 176]
--UNORDERED MERCHANDISE STATUTE--
[39 U.S. Code § 3009 - Mailing of unordered merchandise]
(a) The mailing of unordered merchandise or of communications prohibited by subsection (c) of this section constitutes an unfair method of competition and an unfair trade practice in violation of section 45(a)(1) of title 15.
(b) Any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, may be treated as a gift by the recipient, who shall have the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender. All such merchandise shall have attached to it a clear and conspicuous statement informing the recipient that he may treat the merchandise as a gift to him and has the right to retain, use, discard, or dispose of it in any manner he sees fit without any obligation whatsoever to the sender.
(c) No mailer of any merchandise mailed in violation of subsection (a) of this section, or within the exceptions contained therein, shall mail to any recipient of such merchandise a bill for such merchandise or any dunning communications.
(d) For the purposes of this section, “unordered merchandise” means merchandise mailed without the prior expressed request or consent of the recipient.
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