Karaoke Forums

Well, Not to brag but..

I'm a KS Evel Knievel of sorts. Once in awhile I let my hair down and show the risk taker I truly am !   Can't help it,  it's in the genes !


Speaking of along these lines, have you seen the Flurl/YouTube spoofs on David Blaine Exweed ?  They are hilarious !

BTW,  The band is still touring US and Canada, in fact they even toured with Tesla a few years back.
http://www.fivemanelectricalband.ca/

<sorry didn't mean to threadjack this Croakdog,  back to the thread>
Wonder if Tesla had to pay FMEB Royalties for "Signs"

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Northeast United States runner up for the "Singing Hall of Shame".

Its this simple:

You the KJ are a COMMERCIAL BUSINESS MAKING MONEY off the PAYING CUSTOMERS in a BAR THAT MAKES MONEY OFF YOUR SHOW AND SERVICES---INCLUDING RECORDING the customer singing(DUPLICATING, REPRODUCING, CONVERTING, SHIFTING etc etc). You are BEING PAID for ALL YOUR SERVICES regardless if its the customer or the bar doing the paying.

This IS COMMERCIAL.

THIS IS NOT PERSONAL HOME USE.

YOU AND THE BAR ARE BUSINESSES, COMMERCIAL ENTITIES.

PERIOD.

YOU ARE NOT A TEACHER, EDUCATOR, INTSRUCTOR, TRAINER, PROFESSOR, ETC
reproducing these tracs for LEGITAMATE IN-Classroom or any other EDUCATIONAL use.

YOU and the bar are NOT A SCHOOL, LECTURE HALL, CAMPUS OR ANY OTHER EDUCATION FACILTITY.

Nither YOU NOR THE BAR HOLD LISCENSES for recording/reproducing.

Record at your own risk. Understand that you can be taken to court and sued.

But beyond that understand that the BAR--YOUR EMPLOYER is at even MORE of a risk
both financially and legally--by condoning and allowing and promoting unathorized reproduction of music tracs---so if your bar owner is ok with YOU placing that kind of liability and risk on THIER business just for the sake of offering another gimmick to your show--go right ahead----but if something ever came of it---that bar owner could turn right around and go after YOUR COMPANY  for damages. Particulalry if you did it without obtaining his permission(always in writing).

If I were a bar, hotel, restaurant owner I'd make it VERY CLEAR to YOU THE KJ EMPLOYEE, CONTRACTOR that you'd better not EVEN BE THINKING OF PLACING MY
BUSINESS IN ANY KIND OF A LIABLITY SITUATION. If you did and I found out---you and your show would be out the door quicker than you could blink!

Heres the answer for someone that wants to record themselves---go out and buy a home karaoke machine and hook it up to thier computer and record at home.

If someone asks you at the show can you record them, gotta tell them sorry, would love to do it but it violates copyrights. Shrug your shoulders and smile. They may say that sucks, but you will have maintained your integrity and you will have more of their respect for it and simply avoided breaking any copyright laws.

Thats the solution.


Oh and by the way--regarding taking pics of all your singers and posting them up on a website or a video slide show----BE VERY CAREFUL about it!! You can really get in trouble with that too!

But thats a whole other can of worms!!

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"You know that I sing the Blues and I do not suffer fools. When I'm on that silver mic, it's gonna cut ya, just like a knife"-The SWINGCAT

Yes I was, that's how I KJed.  Lonman twiddles the knobs, I twiddled the singers and both with any luck get a better sounding performance.

But back to the topic.  I don't see where a specific enviroment was mentioned in the fair use description nor was commercial application excluded.  The service being offered is recording and the background music in completely incidental.  I didn't know what song performance was going to be recorded until the singer pulled the mic away and said, "can you record this?"  I would give them a disk the next time I saw them because my karaoke computer is such an antique it doesn't have a CD burner.  That got them back in the door.

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Okay, who took my pants?

I believe you are correct Exweed.  IOW,  there's not a 100% guarantee "Fair Use Doctrine" won't work in commercial cases (2 Live Crew/Pretty Woman Parody case).  Little is set up as all or none given my own understanding of this 4 part doctrine and its related areas BUT,  what are the odds ?  Pretty slim regarding Commercial Use getting consideration..When getting into things such as fair dealing which is more of a civil area contingent on jurisdiction the waters muddy even more.

Here's the problem.  People LOVE to try making this ALL or NONE, and you are correct regarding it's not BUT Fair Use Doctrine and Fair Use Defense once in Court are NOT the same areas either. People have a tough time understanding even THAT.
Similarly Educator DOES NOT mean you are "off the hook".  It's my understanding that few educators are allowed to photostat "work book" material and distribute certain things "as routines practice", and the Fair Use Doctrine explains "If in doubt assume it's Copright protected and DO NOT take chances" even regarding educators in often exempted settings (specific areas and these are spelled out assuming a person cares to take the time to read page 18 (I think) of the link I posted above.

This is a tricky area of Law that appears to combine areas of Civil AND Criminal law. While always tried in Federal settings jurisdiction of event and laws of certain specific locations ALSO play a part in CERTAIN (what might otherwise be infractions).

BUT you are correct,  see 2LiveCREW- OH pretty Woman.  Parody use is a different area of law even still, there HAVE been commercial cases where Fair Use Doctrine *MIGHT* apply although very uncommon..  This is NOT simple law, it's not even really common sense in certain areas..  It's a very particular tricky area and specialty of the law that it's always best to ASK a Copyright Atty not if they KNOW, but would take such a case IF a person gets busted.  

Fair Use Defense is where the onus shifts to the the defendant to show things such as (IMHO) fair, damage was extremely inconsequential, use was "Good Faith", Intent, and reason will be listened to..

Fair Use Doctrine is a four part "guideline" where we folks love looking between cracks in the floorboards even assuming they aren't actually cracks

Problem I find is people LOVE to argue and debate stuff they are too lazy to take the time to REALLY read.  With bits and pieces of understanding in this area NONE of us really have a right to pass any judgement on anyone.. BUT, as you stated to state IMHO it seems this is wrongful activity and cite reasons is what makes this discussion interesting IMHO.. It's interesting citing example and substantiating our points.. But to argue "Because dude,  it's just that way" when principles of any area of substantive law aren't given consideration makes the whole thing "goofy".



Even if you can vindicate this buy saying "Hey Judge,  I haven't gotten any in 5 years, and it's my God Given right to get this chick home cuz It wasn't my fault as a male I get horny.  It's not my fault that I was born with an independant 5th limb, My gender is SUPPOSED to do this type thing, we're hunters, I'm not even married DUDE !!  This just aint fair at all ! No currency was exchanged, in fact the girls a hooker and we bartered services, It's all a constitutional right to non-verbal expression of sorts, Even gets into religious belief constructs cuz if they never did it in the bible, NONE of us would be here EVEN you, and most of you judges drove drunk when you were kids too so leave me alone!"

Sounds like a good defense to me

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Northeast United States runner up for the "Singing Hall of Shame".