Karaoke Forums

Unfortunately MCPS has no bearing in the USA.

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The Line Array Experiment is over. Nothing to see here. Move along.

Does't matter for the sake of this discussion. They have 500 KC tracks and are selling them for "public use". Stands to reason the same permissions might be granted to a US company.

"public use" and "Professional use" are two different things (you can lock them up on any legal dictionary or ask an IP attorney if you wish)...if you wish to accept the legal exposure that is your choice.
Below is a email I made asking PCDJ a few questions. I will be happy to post any response I receive from them.

OK, so if I understand what you are saying, anyone can use them for commercial use..just like DJs use CDs for commercial use” – which to me implies that the user IS at risk because their use is not specifically authorized for commercial use. Just like I CAN drive 120 miles an hour (because my car WILL go that fast) but I MAY NOT drive 120 miles an hour LEGALLY anyplace in the US . (I remember my 6th grade English teacher pointedly explaining the difference between “CAN” and “MAY”.) A lot of readers might not catch the subtle explanation you are providing and assume what they want to assume – possibly to their legal and financial detriment, because one would assume you want to maximize your revenue.

So, let me phrase it another way, since you are saying that the downloads are ok to use for commercial purposes (even though TheKaraoke Channel site explicitly states the opposite). Will you indemnify commercial users if any of us gets sued by a publisher? If not then your site should clarify to the user that they ARE at their own risk to use them for commercial use.

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

CDs are not authorized for commercial use either. What makes them 'legal' for a DJ to use at a bar or any public venue are the performance fees, which are the responsibility of the venue.

just saying

-James

Why would this even SEEM to stand to reason? Completely different requirements.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

That, and if the host uses the original discs, all responsibility falls back on the mfrs. shoulders.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

so can somebody tell me why there are banners for companies that illegally sell music to kj's all over this forum? there are banners for tricerasoft which most are saying is lying to us and can not sell us tracks for commercial use, same with PCDJ, one of the largest digital DJ companies in the world is lying to us and still are being supported by this forum and by Sound Choice. MCPS has no bearing in the U.S., show me in writing that they will hold you indemnified from lawsuits, how about show me in writing that using the disc will hold me indemnified from lawsuits. if you can't (no one specific, just a general "you") then using the Zoom, Sunfly, Sound Choice, U.K.K., SBI, Abraxa, etc. discs leave you open to the same liability as using the downloads because they only have MCPS licensing. no one yet has shown me anything in writing (you know, what is being DEMANDED be shown from the download providers) from anywhere that you are safe by using the discs, loaded with content that the manus can not give you permission to copy, or wipe your azz with let alone play in public for profit. sorry if this sounds snippy, but ask where they say you can use their downloads, and i did, but now they are lying.......that is crap.

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Paradigm Karaoke, The New Standard.......Shift Happens

Just popping in to let you all know there is no response from PCDJ as of yet....will keep you updated

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

Then any SC disc in the 9000 series or the very last 3000 series would not be useable in the US? Each one of those were licensed with MCPS. As is all of their Custom discs now days (although I do not have any at home right now to confirm). How can these be ok with MCPS and not anything else?

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LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!

to the best of my understanding:

anything licensed BEFORE the deadline is just fine.

For anything new, it doesn't matter where or even how it was made *as long as its done legally in the place of origin* what matters it how its USE is licensed.

So it would be perfectly ok to MAKE something in the UK but pay for licensing it in the US and Canada. This is exactly what Zoom et al does now. They get all their permissions to sell to North America directly from the IP holders.

This is also why, according to Tricerasoft, that Tricerasoft is able to sell downloads FOR KJ USE. Because they went to the original IP owners and specifically asked for that wording in their contract.

KJ use means exactly that, and would cover both the music and the lryics. So if Tricerasoft is telling the truth *I believe they are* they truly are the only place based in North America - that i am aware of - that currently are able to sell legal US & Canada downloads.

As for PCDJ and the rest.. to be honest, I just don't know.

Interestingly enough, as a sidethought. If Tricerasoft truly has a license to sell downloads for KJ USE, then that means that Soundchoice, Stellar, And Chartbuster could all license their material thru them.

For some reason, i doubt they will. But it sure would be nice.

I wonder if Tricerasoft would be willing to show the modified license to prospective karaoke companies *ponder*

I also believe the GEMs are MCPS as well.

I don't have any GEMs. Can someone who does verify this for me?

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"Just Say NO, To Justin Bieber & His Beatle Haircut"

[quote]Interestingly enough, as a sidethought. If Tricerasoft truly has a license to sell downloads for KJ USE, then that means that Soundchoice, Stellar, And Chartbuster could all license their material thru them.

For some reason, i doubt they will. But it sure would be nice.

I wonder if Tricerasoft would be willing to show the modified license to prospective karaoke companies *ponder*[/quote]

Let me think about this... Show our licenses to competitors and providers that we have been asking for content from the last 8 years, stabbed us in the back, lied to all of you about how permissions and use work then sue you all??? Hmmm, let me think about this... [b]NO![/b] Are you completely off your rocker! Oh and you all just figured out for yourselves what I have been explaining you to you right from the beginning, and the game is a foot.

Purchased a track from KaraokeLocker. Probably not something I would use on a regular basis. Track was ripped at 128, wasn't offensive, but did sound a little "brittle" through my laptop speakers (with a little EQing on my rig it would probably be useable).

Still no response....still waiting

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

odd, mine are all 192

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Paradigm Karaoke, The New Standard.......Shift Happens

Still waiting FOR WHAT? Why exactly would they put in writing that the INDEMNIFY anyone from anything? AGAIN, show me where it states in writing anything about INDEMNIFICATION on a CD+G? In the GEM rental agreement? Show me where SC has ever agreed to INDEMNIFY anyone for anything?

And who & what should they be indemnifying anyone from? Alanis? Pearl Jam? Don Henley? Will SC indemnify me from Henley if I play from an original 8125?

remember this?



Your demand for "written indemnification" wasn't EXACTLY what I predicted you would demand, but close. Otherwise, this has been COMPLETELY on script.

Hey if Priddis can provide it, why can't anyone else for that matter provide the actual licenses needed for use. On every Priddis download there is documented proof that the licenses have been paid for. As to the GEM series the license to lease them is sufficient.

All download sites should make available the actual license document that makes their downloads legal or there will forever be an argument on either side. I personally would like to see them become legal. It would make my life that much easier.

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The Line Array Experiment is over. Nothing to see here. Move along.

Speaking of the Gem Rental agreement, let's see where we might find an "indemnification" clause:

OWNERSHIP. You acknowledge and agree that the ownership of all Media, including all right, title,
and interest therein, belongs to Sound Choice and will remain with Sound Choice throughout the term
of this Agreement. You also acknowledge that all rights in the Media and the Content not specifically
granted to you by operation of law or expressly granted through this Agreement are reserved to Sound
Choice or to third parties, as applicable. You further acknowledge and agree that the ownership of all
Content—including the entire right, title, and interest therein, including copyrights, trademarks, and
other intellectual property rights—belongs to Sound Choice or the respective rights holders of the
Content. In particular, copyright in the underlying musical works (the composition rights) belongs to
the original authors or their assignees and are reserved to them. This Agreement does not grant you
any rights with respect to those copyright holders. We are unable to grant you any particular license or
resolve any claim on behalf of those copyright holders or any other third party. You are responsible for
obtaining any necessary licenses or permissions prior to any public performance of the underlying
musical works


If you think this is sufficient, God bless ya. I think that might be THE EXACT OPPOSITE if an "indemnification" clause. That's a "we ain't coverin' $hit" clause, if you ask me. It CLEARLY disclaims any possible license. If Don Henly comes knockin', you're on your own. So why is it exactly that PCDJ should all of a sudden start guaranteeing possible future losses on the SAME TRACK SOLD FROM THEIR SITE?

That's a great start, however those aren't graphic tracks correct - audio only? It's always been said it's easy to obtain license for audio only tracks, it's the lyrics reprint/sync that can be the trick.

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