cueball wrote:
Question: Is Clark Music selling pre-made discs in any series... as an example (in comparison) --- SC8000, SC8001, SC8002, etc... where each of these discs have the same tracks on them? Or, are they selling Customized discs, where I am asking for a song from SC8001 and a song from SC8007, and a song from SC8115, etc... to be made for me on a unique disc? If the answer is the latter, then wouldn't those discs be considered to be a downloaded product? After all, the songs were not on a pre-made disc, and someone had to download the specific tracks that I requested, in order to burn it to a disc and then send it out to me.
They sell customized discs, where you select the tracks you want irrespective of which SC original they might be on. These are not "downloaded products." Your premise, that "someone had to download the specific tracks that I requested, in order to burn it to a disc," is not correct, because Clark has originals of the tracks. When I use the term "download," I am referring to the making of a copy of a track over a computer network. There is no network involved in what Clark does.
I did not mean, in the other thread, to suggest that Clark's activities would inherently subject them or their customers to legal action by the publishers. I meant only that if, for example, they failed to pay the appropriate licensing fees under Australian law, that would be on them, not on SC.