Karaoke Forums

Sorry, I do understand the position of a KJ claiming it's not their responsibility since that would put a big kink in fun and profitability.

I was just asking if anyone knew of any actual case law on this since you guys follow the industry and happenings therein. If you don't know of any cases where ASCAP (or whoever) tried to hold a KJ legally responsible, and lost... then please disregard the request.

Everything on those pages says it is the venues responsibility. Nowhere does it say that a DJ/KJ must verify ANYTHING. I don't see how it could be more clear.

At this point if you still have doubts, I think it's time you hired an attorney. Be sure to let us know what he says.

It just says "you" have to pay to perform music publicly...l don't see where it specifically says if you are a KJ or a DJ then it's OK... you don't have to pay so consider this covered by the venue.

Just trying to find proof of what you are saying to be true so I have more to go on other than what someone says on an internet talkboard... which may be true... I'd like something that proves it.

Although I've only had time to read a little, the ASCAP page so far does not specifically say it's the venue's total responsibility and seems to leave open that whoever is playing the music to also have some responsibility.

Of course from their view point, everyone and anyone is responsible

Then you didn't read the quotes thoroughly.



It's not my word. You asked for proof and I gave you proof (with links). What more proof to you need other than ASCAP/BMI's & SESACS actual site FAQ's stating as such?



Of course it does. I am baffled how you can read this statement, from their website, any other way.



The very first sentence defines you as the "Entertainer". Not the "Business owner".

If you are still confused by what the above quote means, I suggest you call, ASCAP right now. They are very friendly and can explain this to you in detail.

ASCAP Licensing - (800) 505-4052

OK, this is problematic from a legal perspective...




This means... if the venue does not obtain the proper license, the KJ is also legally liable according to ASCAP.

This means, even if you could win in court... it's going to cost you alot of time and money to fight it. Looks like the smart thing to do is verify from the venue that they have proper license or at least have them sign a contract where they are agreeing to be fully liable for all financial damages and litigation costs concerning the licensing, and people tripping over your equipment too while we're at it.

I see why some KJs want the venue to sign some sort of contract... so you can get them to agree to certain terms and conditions.

No, it doesnt. What on earth makes you think this?

Just call them. Please. I'm begging, It will take you 2 minutes.

Really...this isn't anything new or untested.


ASCAP Licensing - (800) 505-4052

Bazza you're a trip!

There is no case law because there have not been any cases against an entertainer (KJ, DJ, band), unless of course, they own the venue.

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You can be strange but not a stranger

I can read directly from the ASCAP website... that you told me to go read... that's what makes me think that.



This is the direct quote... which is what their attorneys will pull out in their court case against you in their attempt to extract cash from yo wallets!

You do bidness how you want to, but I think I want some verification that the venue has the proper license. This is what a good attorney will say.

Good to know... that doesn't mean there never will be an attempt against a KJ.

If there is one and it hits the news, hopefully it will be brought up here so folks can know about it and study it to not do what that KJ did to get himselfs in trouble!

Maybe the KJ/Entertainer business isn't for you then Rockrz if you are over concerned with this issue. Or hire an I.P. Lawyer to examine the details of PRO fees if you are still worried.

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-- Mark

One would think that the alphabet soup would have already taken a band, KJ, or DJ to court already after decades if they were responsible.

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You can be strange but not a stranger

Call them! End the speculation.

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KingBing Entertainment C'mon Up! I have a song for you!!! [font=MS Sans Serif][/font]

They care that the material being played has been legally obtained and that is the "entertainer's" responsibility if they are providing the material to a venue. An entertainer's responsibility begins and ends there. There is very little black and white when it comes to karaoke. THIS is black and white.

I do believe a DJ\KJ can acquire a single performance license if they will be playing in a public place where a venue license does not cover them.

Really? Just because I want t6o do my due diligence and document the legal side of things... this means I should not consider this business?

Or, does it mean I'm a better business person for having taken the time to learn the legal side of the business so I know the viewpoints of the law and the copyright holders who have the power to bring one to court and wreck one's life financially.

Sorry you see it that way...



So, should we ignore this quote from ASCAP who is claiming to be quoting copyright law with this statement?

Based on what they say in this quote.... you don't think verifying whether a venue has the right license is a good idea?

Looks like to me if they don't... they KJ can be held legally liable for something.

An ounce of prevention is worth a pound of cure, so it appears that the smart thing to do is at least verify what license the venue has. Maybe it's just me... I'd like to prevent a problem before it happens rather than try to clean it up after the fact.

Not trying to give anyone a hard time... just a friendly exchange of legal ideas based on being in the business world (not the KJ business) for over 20 years which has required me to study legal issues related to the business I'm in... so I can know whassup as the kidz say these days.

Seriously? You ask a question on a forum, receive numerous answers disregard them all, are pointed to the appropriate information on the respective entities web sites and then discount that. If you are not going to accept any answer other than that of an attorney..,do that and stop asking questions that no one can provide you with a satisfactory answer.

And yet you refuse to verify the information provided by making the same phone call or sending the same e-mail query many of us here have already done to satisfy our own concerns.

Are you doing your "due diligence" or are you asking us to do your "due diligence" for you?

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KNOW THYSELF

The law says all who participate in, or are responsible for, performances of music are legally responsible.

I went and read the ASCAP site... and this is what it says... are you recommending that I ignore this quote from ASCAP's website?



The law says all who participate in, or are responsible for, performances of music are legally responsible.

I did verify with ASCAP... I found their official position in the quote above.

Should I call them and ask them if they are really serious about the legal quotes they posted on their own website?

I simply saying based on the quote from ASCAP... I think it's a good idea to verify whether the venue has the right license or not.

Not sure why you guys have a problem with doing what is the smart thing to do to help ensure the applicable license is in place which helps protect me legally... this being based on the quote from ASCAP that I was told to go read.

Do you think this is a misprint er something on their site?

No, when you want to clarify something ASCAP says on their website, the last people you should ask are the people at ASCAP.

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KNOW THYSELF