No, this is untrue. Promos usually state things like "not for sale", "property of the record company" etc but that has absolutely no strength in law.andmaste wrote:Technically you CAN'T sell promo CDs, since they are NOT for sale.
But you can give them away for free, so you can sell an autograph (or a photo, a t-shirt, or whatever you want) and give away a promo item.
Promo items shouldn't be for sale on eBay, but eBay closes its eyes since they are a large amount of money with their fees.
They can stick whatever pseudo-legalese they like on it, but once a record company has given away a promo, it's the property of the recipient, to do with what he or she wants.
Indeed, record companies know full well by now that a goodly number of promos will end up on the secondary market. And yet they still give them away, in enormous quantities. That tells you all you need to know about how the law views their silly clauses