Question:
eBay’s policy on promotional items still confuses ebay themselves 
One of the item categories I sell is Film Presskits. Many of them indicate that they remain property of the studio, although for decades I’ve never heard of anyone having trouble selling these. I’ve sold hundreds on ebay. Having said that, a few months ago 20th Century Fox got agressive with their new policies and had ebay end a couple of my auctions.
Bound prepublication galleys are another similar category. Basically, the sales seem to be tolerated despite being technically proscribed, but as you note, they could become un-tolerated whenever the companies felt the whim. Deborah Stevenson
Response:
eBay’s policy on promotional items still confuses ebay themselves
One of the item categories I sell is Film Presskits. Many of them indicate that they remain property of the studio, although for decades I’ve never heard of anyone having trouble selling these. I’ve sold hundreds on ebay. Having said that, a few months ago 20th Century Fox got agressive with their new policies and had ebay end a couple of my auctions. (Maybe it’s misplaced agression because they haven’t figured out how to update their name…) — Michael Redman — Film reviews archive: http://us.imdb.com/ReviewsBy?Michael+Redman
Response:
- Hide quoted text — Show quoted text – have caved in and started bottom-posting, except when I forget: Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? They are promotional CDs–like DJs or radio stations get. The hole is punched in the barcode to stop you from returning it to a record store for credit or cash. YABE They could also be legal cutouts. What if, in addition to part of the UPC having holes punched through it (but no holes in the bottom part of the plastic jewel box), the CD has a label on it that says: "This compact disc is the property of the applicable record label and is being provided for promotional use only. Resale is unlawful and may be punishable under federal law and state laws." ? An eBay seller is trying to tell me that she can legally sell this CD. The two promo-methods that I’ve seen up for bid were the UPC hole-punch and a chunk sawn out of the edge of the case/label. I’m not sure about the disclaimer in place of the bar code (although I find those all the time at used stores). If they get caught, doesn’t the seller have to prove to ebay/VeRO that the item is -not- a promo/fake/bootleg/etc? I think the CD thing is a law that’s on the books yet is rarely actually enforced (unless it’s obvious large-scale piracy). eBay’s policy on promotional items still confuses me…
eBay’s policy on promotional items still confuses ebay themselves Carol
Response:
They could also be legal cutouts.
You will see this sometimes on the bargain bin cds at Best Buy. Whenever they advertised $1.99 cds (older albums of popular artists) they always had a hole in the cd case. It is no big deal to most people since they would rather save some money than have a perfect cd case. If it bothers you, look around CompUSA or similar store for jewel case rebate deals.
Response:
- Hide quoted text — Show quoted text – have caved in and started bottom-posting, except when I forget: Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? They are promotional CDs–like DJs or radio stations get. The hole is punched in the barcode to stop you from returning it to a record store for credit or cash. YABE They could also be legal cutouts. What if, in addition to part of the UPC having holes punched through it (but no holes in the bottom part of the plastic jewel box), the CD has a label on it that says: "This compact disc is the property of the applicable record label and is being provided for promotional use only. Resale is unlawful and may be punishable under federal law and state laws." ? An eBay seller is trying to tell me that she can legally sell this CD.
The two promo-methods that I’ve seen up for bid were the UPC hole-punch and a chunk sawn out of the edge of the case/label. I’m not sure about the disclaimer in place of the bar code (although I find those all the time at used stores). If they get caught, doesn’t the seller have to prove to ebay/VeRO that the item is -not- a promo/fake/bootleg/etc? I think the CD thing is a law that’s on the books yet is rarely actually enforced (unless it’s obvious large-scale piracy). eBay’s policy on promotional items still confuses me…
Response:
An eBay seller is trying to tell me that she cn legally sell this CD. I can take you to a record store that is selling, out in the open, hundreds, if not thousands, of CDs with that on it. I just sold one on eBay a few weeks ago…some people actually collect promo versions. I don’t believe any record company has ever tried to enforce that little bit of legalese on promo CDs.
That’s probably true, but the seller is nonetheless incorrect in her statement. Deborah Stevenson
Response:
- Hide quoted text — Show quoted text – Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? They are promotional CDs–like DJs or radio stations get. The hole is punched in the barcode to stop you from returning it to a record store for credit or cash. YABE Not all CD’s with a punch in it is a promo – it could be a cut out. (the short form definition of a cut out is) so that a seller can’t buy them and return them for full credit. One (usually) buys cut out CD’s from a cut out distributor. So, I can’t buy 20 copies of TC Ellis from a cut out distributor for $1.00 each and return them to Paisley Park (I think that’s his label) for $15.00 each.
Other marks on promo CDs are: chunk sawn out of the edge of the case (and thus the edge of the insert so you can’t switch cases), a big disclaimer where the barcode would otherwise be, and sometimes the disclaimer is permanently printed on the label of the disc itself–I don’t think that’s done too often now. Is it common to see all four variations at used music stores? Yup. AFAIK the first two can be sold on ebay, don’t know about the last two. The policy on promo items fails to make sense.
Response:
have caved in and started bottom-posting, except when I forget: Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? They are promotional CDs–like DJs or radio stations get. The hole is punched in the barcode to stop you from returning it to a record store for credit or cash. YABE
They could also be legal cutouts.
Response:
– Hide quoted text — Show quoted text – have caved in and started bottom-posting, except when I forget: Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? They are promotional CDs–like DJs or radio stations get. The hole is punched in the barcode to stop you from returning it to a record store for credit or cash. YABE They could also be legal cutouts.
What if, in addition to part of the UPC having holes punched through it (but no holes in the bottom part of the plastic jewel box), the CD has a label on it that says: "This compact disc is the property of the applicable record label and is being provided for promotional use only. Resale is unlawful and may be punishable under federal law and state laws." ? An eBay seller is trying to tell me that she cn legally sell this CD.
Response:
Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? They are promotional CDs–like DJs or radio stations get. The hole is punched in the barcode to stop you from returning it to a record store for credit or cash. YABE
Not all CD’s with a punch in it is a promo – it could be a cut out. (the short form definition of a cut out is) so that a seller can’t buy them and return them for full credit. One (usually) buys cut out CD’s from a cut out distributor. So, I can’t buy 20 copies of TC Ellis from a cut out distributor for $1.00 each and return them to Paisley Park (I think that’s his label) for $15.00 each. Carol
Response:
Does anyone know why some of the CD’s that are sold on ebay have holes punched through the barcode on the inserts? Thanks, ——BW——-
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