All promotional CDs are forever the property of Universal Music Group and giving or throwing them away are “unauthorized distributions,” according to a brief filed by UMG. In a lawsuit filed in federal court, UMG claims that ownership rights to promotional CDs, typically sent to DJs, reviewers, and others in the music business to generate hype for new releases, are expressly retained by the label. The Electronic Frontier Foundation is taking up the fight against this absurd position in UMG v. Augusto.
According to Recording Industry vs The People, a new RIAA case in Tampa, Florida has some interesting counterclaims by the consumer, including extortion, conspiracy, and deceptive trade practices.
In the case of UMG v. Del Cid, the defendant has filed the following five (5) counterclaims against the RIAA, under Florida, federal, and California law: