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PostPosted: Thu May 09, 2013 4:53 pm 
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I mostly stay away from the legalities forum, but this one rung a bell when LON talked about it....

So.... I FOUND IT!!!!!!! Pay specail attention to the part in RED


viewtopic.php?f=1&t=20886&hilit=%2432k%40year

toqer wrote:
Since the last version of the frontend, we've tracked every account in a mysql database. Mysql has a nice ODBC connector, so I just imported everything into a open office spreadsheet and started playing with it. Here are the results in google docs format.

https://spreadsheets.google.com/ccc?key ... jaGc&hl=en

7 Bamboo's karaoke is run 4 nights a week with this system, 22 months at 4 nights a week comes out to about 352 days. What we can conclude from that is if it were run 7 nights a week, we could see the same amount of money in about a year.

Some of the interesting stuff I found out...

Out of the $31k used in the system, almost $5k of it is "float" meaning, credits waiting to be spent. This could be regulars that have held onto their cards for a while, or cards that had credit on them but lost. This boosts the nightly average up to $88@night. Once we get the new system up, $1 per spot up bribes will automatically come into play, increasing your revenue even further.

The only time I have to touch the system is when a mic needs to be cut (as shown in the other thread) Other than that, the EMU 1820m compressors do a beautiful job of keeping both music and vocals at a constant level throughout the night.

Bottom line is, sign a contract with SC, buy about $1000 in old PC's, dollar bill validators, and touchscreens, and you could have your own little money machine somewhere (provided the venue already has a sound system) Just stop by once a week to empty out the cash. $32k@year if you can get the place to run 7 days a week. This will multiply even further if the venue is busy and requires more than 1 stage (Kurt assured me that if you have 1 pc with multiple audio/video out, you can do this on one set)

Wish me luck on the first test guys. I'm gunning for a large venue in my area capable of multistage.

(Oh and before the issue of sound isolation in a multistage environment comes up, it's easy, just look at how movie theaters do it)



Then I posted the following thread asking for clarification if it was multi rigging
viewtopic.php?f=26&t=20899&hilit=server


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PostPosted: Thu May 09, 2013 5:00 pm 
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So just a stream from a central server, with no on-site processing, is OK according to Curt @ SC via Toqer????

Isn't it just LONGER wires?


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PostPosted: Thu May 09, 2013 6:11 pm 
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he changed his mind.

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PostPosted: Thu May 09, 2013 6:19 pm 
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Unless again it's one server per venue - where each server still had a bought library (verified via audit of course). Or 1 server, but still had corresponding libraries the matched up with the gigs?
If 1 club is streaming from one server (again with a bought library) and that server is dedicated to that one club only, then that would be no different than just running it from a computer.

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PostPosted: Thu May 09, 2013 6:37 pm 
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Law limits the allowable things that can be done with copyrighted works.
The owners of copyright have exclusive rights to distribution among other things.

Title 17 wrote:
§ 106 · Exclusive rights in copyrighted works

(1) to reproduce the copyrighted work in copies or phonorecords;
(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies or phonorecords of the copyrighted work to
the public by sale or other transfer of ownership, or by rental, lease, or
lending;
(4) in the case of literary, musical, dramatic, and choreographic works,
pantomimes, and motion pictures and other audiovisual works, to perform
the copyrighted work publicly
;
(5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual
images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and
(6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.



There are very few exceptions that allow for use without the copyright owner’s permission, and even those exceptions have limitations of their own.

Title 17 wrote:
§ 110 · Limitations on exclusive rights:
Exemption of certain performances and displays

Notwithstanding the provisions of section 106, the following are not infringements of copyright:

(5)(A) except as provided in subparagraph (B), communication of a transmission embodying a performance or display of a work by the public reception
of the transmission on a single receiving apparatus of a kind commonly used
in private homes, unless—
(i) a direct charge is made to see or hear the transmission; or
(ii) the transmission thus received is further transmitted to the public;


excerpt from subparagraph B wrote:
(II) if the performance or display is by audiovisual means, any visual
portion of the performance or display is communicated by means of a
total of not more than 4 audiovisual devices, of which not more than
1 audiovisual device is located in any 1 room, and no such audiovisual
device has a diagonal screen size greater than 55 inches, and any audio
portion of the performance or display is communicated by means of
a total of not more than 6 loudspeakers, of which not more than 4
loudspeakers are located in any 1 room or adjoining outdoor space;
(iii) no direct charge is made to see or hear the transmission or re-
transmission;
(iv) the transmission or retransmission is not further transmitted be-
yond the establishment where it is received; and
(v) the transmission or retransmission is licensed by the copyright
owner of the work so publicly performed or displayed;



I believe you could lawfully set up a server to conduct your shows without consent from anyone, but you would be limited to one show at a time and one monitor at a time.

Beyond that, you would need to acquire the appropriate permissions from the copyright holders. Since transmission of the material has been added to the public performance, ASCAP, BMI, and SESAC would not be enough coverage. Permissions (licensing) from all those in the copyright chain of ownership would be required.

Currently, under the law most KJs could be considered “technical infringers” because most of us are displaying on more than one screen (a singer screen and at least one audience screen) in the same room, and some on screens larger than 55 inches.

Of course this is just my opinion.
The quotations of law I have posted here are very small excerpts that only scratch the surface.
If what you want to do with someone else's copyrighted work conflicts with any of the exclusive rights identified in § 106, you will need to find an exclusion or limitation to the law that will protect you and prove you have the right.
There is much more behind that and it can get very complicated should you find yourself defending your position in a courtroom. Keep in mind that we are not dealing with a simple audio recording, karaoke is in fact an audiovisual presentation and the transmission of the additional video element complicates things further.

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PostPosted: Thu May 09, 2013 9:46 pm 
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kjflorida wrote:
In a case of different rooms in the same venue they are all in the same building. Therefore in the case of private rooms with the server being located on premises 1 set of discs would equal 1-1 as long as the same song could not be sang at the same time.


I WAS WRONG

I have been corrected via email from a KJ that was audited for this issue this last week. A separate set of discs was required for each room. I haven't been to a Asian style karaoke bar in many years The last time I was in one they were using Jukebox style disc players. I had based my earlier opinion on incorrect info.


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PostPosted: Thu May 09, 2013 10:22 pm 
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kjflorida wrote:
kjflorida wrote:
In a case of different rooms in the same venue they are all in the same building. Therefore in the case of private rooms with the server being located on premises 1 set of discs would equal 1-1 as long as the same song could not be sang at the same time.


I WAS WRONG

I have been corrected via email from a KJ that was audited for this issue this last week. A separate set of discs was required for each room. I haven't been to a Asian style karaoke bar in many years The last time I was in one they were using Jukebox style disc players. I had based my earlier opinion on incorrect info.


Perhaps this could be a lesson for us all as we post thoughts on this forum. Case and point: As I read your original post, I sense nothing in the paragraph that suggests you were presenting this as an opinion, yet you label it as such in your I WAS WRONG self-rebuttal. (To some, highlighting it in such a manner might come across as a representation of some level of surprise that this could actually occur.) For those of you who are entertained by the "legal" show The Good Wife, you might be reminded of the female judge played by Ana Gasteyer from Saturday Night Live) that got annoyed if someone did not end an argument with "IN MY OPINION"... :wink:

This may be an over-generalization, but it appears that this is just one example of many that might need to be specifically addressed at some point as to its position in accordance to the actual law as it stands now, and not necessarily because of any given judge's ruling that has to be supported by his own future rulings so as not to lose face. :roll:


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PostPosted: Fri May 10, 2013 12:31 am 
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I'm all over the place on this one, but believe it or not, I think I lean toward the mfrs. ( in this case SC's) point of view.

Maybe it's just semantics, but backups ( in this case referring to media shifted discs) are legal for single site USE. Leaving SC's new -but irrelevant- position on backups out of it, I note the following:

While "single site" may possibly refer to the server itself, the "usage" actually occurs at different sites. I'm not sure that this doesn't violtate the intention of an authorized backup.

While the argument has been made that a lockout might be instituted to prevent usage at the same time, might not "usage" also refer to the availability at different sites, though not at the same time?

Please understand that I'm just thinking out loud, NOT stating an opinion. Just questions running through my Luddite head.

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PostPosted: Fri May 10, 2013 10:48 am 
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I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


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PostPosted: Fri May 10, 2013 10:51 am 
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twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


As I have interpreted it, you would be wrong...the suits are over "shifted" logos without permission, not "pirated" logos. Of course, this does not speak to how this particular technicality might catch people in the crossfire...


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PostPosted: Fri May 10, 2013 12:43 pm 
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doowhatchulike wrote:
twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


As I have interpreted it, you would be wrong...the suits are over "shifted" logos without permission, not "pirated" logos. Of course, this does not speak to how this particular technicality might catch people in the crossfire...


The suits are over the use of unauthorized counterfeit tracks to put on commercial karaoke shows, not mere display of the logo. The logo is attached to tracks that SC didn't make--copies that were made by the KJ or someone else.


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PostPosted: Fri May 10, 2013 4:15 pm 
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twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


For my proposed example I was very careful to not describe the computer as a server. It could in fact be the exact same laptop that is being used at a karaoke show. A server serves something up to another computer. My scenario does exactly what a karaoke host does in a club, play directly from a single computer to multiple screens. There is no difference except the distance between the playback device (karaoke computer) and the display (1 or more TV's/Monitors).

-Chris

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PostPosted: Fri May 10, 2013 7:52 pm 
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HarringtonLaw wrote:
doowhatchulike wrote:
twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


As I have interpreted it, you would be wrong...the suits are over "shifted" logos without permission, not "pirated" logos. Of course, this does not speak to how this particular technicality might catch people in the crossfire...



The suits are over the use of unauthorized counterfeit tracks to put on commercial karaoke shows, not mere display of the logo. The logo is attached to tracks that SC didn't make--copies that were made by the KJ or someone else.




I still believe that is an oversimplification. The offense as I have seen listed is TRADEMARK INFRINGEMENT, and if that is the claim, that is what must be proven, correct? If that is not proven, I believe any other claims could not be addressed.


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PostPosted: Fri May 10, 2013 8:00 pm 
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doowhatchulike wrote:
HarringtonLaw wrote:
doowhatchulike wrote:
twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


As I have interpreted it, you would be wrong...the suits are over "shifted" logos without permission, not "pirated" logos. Of course, this does not speak to how this particular technicality might catch people in the crossfire...



The suits are over the use of unauthorized counterfeit tracks to put on commercial karaoke shows, not mere display of the logo. The logo is attached to tracks that SC didn't make--copies that were made by the KJ or someone else.




I still believe that is an oversimplification. The offense as I have seen listed is TRADEMARK INFRINGEMENT, and if that is the claim, that is what must be proven, correct? If that is not proven, I believe any other claims could not be addressed.


The use of unauthorized counterfeit goods to provide services is a form of trademark infringement.


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PostPosted: Fri May 10, 2013 8:07 pm 
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HarringtonLaw wrote:
doowhatchulike wrote:
HarringtonLaw wrote:
doowhatchulike wrote:
twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


As I have interpreted it, you would be wrong...the suits are over "shifted" logos without permission, not "pirated" logos. Of course, this does not speak to how this particular technicality might catch people in the crossfire...


The suits are over the use of unauthorized counterfeit tracks to put on commercial karaoke shows, not mere display of the logo. The logo is attached to tracks that SC didn't make--copies that were made by the KJ or someone else.




I still believe that is an oversimplification. The offense as I have seen listed is TRADEMARK INFRINGEMENT, and if that is the claim, that is what must be proven, correct? If that is not proven, I believe any other claims could not be addressed.


The use of unauthorized counterfeit goods to provide services is a form of trademark infringement.



Anyways........on to my next advocacy forum.....


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PostPosted: Fri May 10, 2013 9:37 pm 
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chrisavis wrote:
twansenne wrote:
I agree that running a server, whether at home or on-site,to several different venues/rooms IS multi-rigging.

But reading what TOQER read, it seems that Curt was OK with multi-rigging from a server to several rooms.

But then again correct me if I am wrong, SC is suing for display their "pirated" logo????? Not actually playing the "pirated" karaoke track.


For my proposed example I was very careful to not describe the computer as a server. It could in fact be the exact same laptop that is being used at a karaoke show. A server serves something up to another computer. My scenario does exactly what a karaoke host does in a club, play directly from a single computer to multiple screens. There is no difference except the distance between the playback device (karaoke computer) and the display (1 or more TV's/Monitors).

-Chris


So how do you play different songs at the same time from one computer?

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PostPosted: Fri May 10, 2013 11:59 pm 
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HarringtonLaw wrote:
The suits are over the use of unauthorized counterfeit tracks to put on commercial karaoke shows, not mere display of the logo. The logo is attached to tracks that SC didn't make--copies that were made by the KJ or someone else.


Hoped this thread wouldn't go here, but the above is steaming horse manure.

First, whether authorized or not, copies of original content are not COUNTERFEIT (fakes) despite how Jim feels like defining the word, but what COULD be unauthorized copies.

If the suits were about COUNTERFEIT (fake) tracks,

A) I have never seen an SC case on that basis- again EVER.

B) As proven on another thread, even hosts without the discs (download hosts) can certainly have bought and paid for SC tracks- thousands that were offered WITH AUTHORIZATION FROM SC. These hosts would have tracks on their PC without owning discs- yet still be PAYING CUSTOMERS.

C) SC has yet to either PROVE a SINGLE instance of counterfeiting, or even sue for it.

Their case is ACTUALLY based on media shifting their logo-period.

The fun part is that, for quite awhile, they offered AUTHORIZED downloads through several sites ( per information printed on the liners of jewel cases from THEIR discs). This means that hosts who downloaded their tracks never MEDIA SHIFTED them. The media shifting was done PRIOR to the KJ's download, and with full authorization from SC. This means that any host that downloaded SC tracks never media shifted, is not liable for it (because SC authorized the shift), and if they have the download receipt ( whether SC agrees or not), can tell SC to screw off.

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PostPosted: Sat May 11, 2013 5:00 am 
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Insane KJ wrote:
So how do you play different songs at the same time from one computer?


In theory, very easily. Put both PCs in the same workgroup, use the same user\password on both that have rights to the music folder, share the music folder on the host, map that folder on the client. Never tried playing music on both before but I wouldn't think it would take a ton more resources on the host. A faster drive would probably be a huge help and you'd want to keep it defraged as much as possible. A drive dedicated just to those tracks would also help.


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PostPosted: Sat May 11, 2013 5:02 am 
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JoeChartreuse wrote:
HarringtonLaw wrote:
The suits are over the use of unauthorized counterfeit tracks to put on commercial karaoke shows, not mere display of the logo. The logo is attached to tracks that SC didn't make--copies that were made by the KJ or someone else.


A copy, whether you like it or not is a fake. If I make a Rolex, a Ford or anything else perfectly according to it's specs, recipe or whatever, they are fakes. They were not made by the company or a licencee for the company. Again I don't understand why people think it's perfectly okay to have free copies of IP and use them but would never go into a store and take two or more of the same item and think they can only pay for just one.

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PostPosted: Sat May 11, 2013 7:44 am 
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JoeChartreuse wrote:
First, whether authorized or not, copies of original content are not COUNTERFEIT (fakes) despite how Jim feels like defining the word, but what COULD be unauthorized copies.


Read the statute, and read Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003).

JoeChartreuse wrote:

If the suits were about COUNTERFEIT (fake) tracks,

A) I have never seen an SC case on that basis- again EVER.


Then you've never seen an SC case, because every last one of them has been on that basis.

JoeChartreuse wrote:

B) As proven on another thread, even hosts without the discs (download hosts) can certainly have bought and paid for SC tracks- thousands that were offered WITH AUTHORIZATION FROM SC. These hosts would have tracks on their PC without owning discs- yet still be PAYING CUSTOMERS.


They were not offered for commercial purposes. The terms of use for those downloads restricted the license in them to private home use only. They cannot be legitimately used in a commercial setting.

JoeChartreuse wrote:

C) SC has yet to either PROVE a SINGLE instance of counterfeiting, or even sue for it.


We have dozens of judgments that say otherwise.

JoeChartreuse wrote:

Their case is ACTUALLY based on media shifting their logo-period.


No matter how much you protest, the complaints don't lie. The case is based upon the commercial use of unauthorized counterfeit media, made or acquired from a third party by the KJ, and marked with the SOUND CHOICE marks. Media-shifting is merely the mechanism by which the counterfeits are made.

JoeChartreuse wrote:

The fun part is that, for quite awhile, they offered AUTHORIZED downloads through several sites ( per information printed on the liners of jewel cases from THEIR discs). This means that hosts who downloaded their tracks never MEDIA SHIFTED them. The media shifting was done PRIOR to the KJ's download, and with full authorization from SC. This means that any host that downloaded SC tracks never media shifted, is not liable for it (because SC authorized the shift), and if they have the download receipt ( whether SC agrees or not), can tell SC to screw off.


No, because the terms of use prohibit commercial use. Period. Any KJ who relies on what you are saying to justify his use of downloaded content in a commercial show will find himself quickly on the wrong end of the case.


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