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PostPosted: Sat Jul 30, 2011 5:22 pm 
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PCDJ.com is now selling the GEM series on the same site they sell Karaokechannel downloads for commercial use. These are Sound Choice tracks.

Sound Choice would certainly issue a cease and desist order if these files were not authorized to be sold as downloads for commercial use.

http://www.venuevj.com/packages.pcdj

http://www.venuevj.com/karaoke.pcdj

Let the pontificating begin, I'm using them and will continue to use them till a court decides otherwise.


Last edited by Singyoassoff on Sun Jul 31, 2011 12:36 pm, edited 1 time in total.

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PostPosted: Sat Jul 30, 2011 5:49 pm 
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Singyoassoff,
The gem series is available for professional use and is available from select sources...where did you get the info that karaoke channel downloads were ? as I can not find it posted one way or another please provide the proof ?

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PostPosted: Sat Jul 30, 2011 6:06 pm 
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kjathena wrote:
Singyoassoff,
The gem series is available for professional use and is available from select sources...where did you get the info that karaoke channel downloads were ? as I can not find it posted one way or another please provide the proof ?


I have no proof. There is no explicit language on the PCDJ.com site saying the files ARE authorized for commercial use. There is also no language on the site saying they are NOT. PCDJ is a professional DJ/VJ site that sells music videos & mp3s to Club DJs. They also sell Professional DJ/VJ/KJ software.

Sound Choice has authorized them to sell the GEM series. Sound Choice certainly would have investigated them to some degree before allowing them to be a distributor. Sound Choice is certainly aware by now PCDJ is selling KaraokeChannnel downloads. (for a mere $1.49 a pop i might add) Sound Choice must also be aware there is no "for home use only" or "not for commercial use" disclaimer on the site. Sound Choice must certainly be aware PCDJ is a site for PROFESSIONAL entertainers, NOT HOME USERS.

That is PLENTY of proof for me. I honestly couldn't care less if it is enough for anyone else.


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PostPosted: Sat Jul 30, 2011 6:46 pm 
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Singyoassoff,
Just sent an email to them asking directly if they were legal for professional use...will be happy to post the reply. As they are reselling Karaoke Channel downloads and the Karaoke channel site does state "private HOME use only" I would think it would be unwise to assume legality...just sayin
Sometimes it is best to question when salesman gives a pitch ...I would hate to see anyone sued for using these tracks because they assumed anything.

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Last edited by kjathena on Sat Jul 30, 2011 6:55 pm, edited 1 time in total.

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PostPosted: Sat Jul 30, 2011 6:53 pm 
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kjathena wrote:
Singyoassoff,
Just sent an email to them asking directly if they were legal for professional use...will be happy to post the reply. As they are reselling Karaoke Channel downloads and the Karaoke channel site does state "private use only" I would think it would be unwise to assume legality...just sayin
Sometimes it is best to question when salesman gives a pitch ...I would hate to see anyone sued for using these tracks because they assumed anything.


This is how I think this will go. They will respond yes, the files are legal for professional use. You will demand a contract or a statute or a letter from God. They won't provide it. You will proclaim that since they did NOT produce "PROOF", the files MUST be illegal for professional use. I'll shrug my shoulders and continue to use them. Please wake me if there are any deviations from this script.


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PostPosted: Sat Jul 30, 2011 6:59 pm 
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No that is not what I said....I pointed out that they are only reselling a product that does have the disclaimer. I have no doubt that they are trying to sell a product...the failure to post "legal for professional use" has me worried that some like you will assume they are legal and end up being sued. If this happens the KJ's will be forced to sue them in return to recover. Please do not assume you know what I am thinking or twist my words to fit your agenda

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PostPosted: Sat Jul 30, 2011 7:10 pm 
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kjathena wrote:
No that is not what I said....I pointed out that they are only reselling a product that does have the disclaimer. I have no doubt that they are trying to sell a product...the failure to post "legal for professional use" has me worried that some like you will assume they are legal and end up being sued. If this happens the KJ's will be forced to sue them in return to recover. Please do not assume you know what I am thinking or twist my words to fit your agenda



I din't say you said anything. I was merely predicting the future. I could be wrong. I meant no offense by the way, I've just seen it before. (I think when discussing Tricerasoft & Karaoke.cc downloads).

Not that this will satisfy anyone who has already made up their mind, but it has been addressed in the PCDJ forums - http://message.pcdj.com/phpbb3/viewtopi ... 57&t=17415


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PostPosted: Sun Jul 31, 2011 4:16 am 
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that is what i saw as well and so i am using them. if htey did not get permission, it is on their shoulders. but i highly doubt that they would say it was ok if it was not as their Karaoki software is being sold by Sound Choice on Sound Choice's website. "here sell my software and i will illegally sell yours."
i don't see it.

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PostPosted: Sun Jul 31, 2011 7:21 am 
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I happen to agree here. It is US based so if they are legal then go ahead and use them. I don't see why not as they are promoting and selling the GEM series (not for download).

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PostPosted: Sun Jul 31, 2011 8:47 am 
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It is a bit contradictory. On the ad for the Gem Series on the PCDJ site it says:

" Unless you have a legally purchased original CDG disc to back up each and every song on your digital systems (referred to as 1:1), you are operating with illegal songs. And possessing of and/or using these illegal tracks leaves you exposed to criminal and civil fines and even jail time."

So on the one hand PCDJ advertising to lease the Gem Series because you need a disc for each song but on the other they are claiming their downloads are legal for commercial use? Also, on the SC Site itself, next to their Karaoke Channel link, it specifies that Karaoke Channel is for home use only and the only legal formats acceptable for commercial use are CDG or MP3G discs. It will be interesting to see what kind of info Athena can get from the horse's mouth on this.


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PostPosted: Sun Jul 31, 2011 8:54 am 
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Most likely the same run-a-round answer that singyoassoff did.

"You can use the content we supply for commercial use, but it truly is a gray area - as no one can police the end user either from iTunes karaoke channel etc. Just look at a store bought CD, you can't use those for commercial use either.... "

"Also, the lawsuits you seem to refer to are about trademark violations. Sound Choice has NEVER sold an electronic file. Therefore a Sound Choice branded file ripped from a CDG disc is Trademark infringment - that is what Sound Choice lawsuits are about, not the catalog they sold for digital distribution (that both "the karaoke channel" and karaoke locker supply)"

So they don't really care because it's up to the end user until The Karaoke Channel jumps into the mix and starts suing people for trademark infringements.

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PostPosted: Sun Jul 31, 2011 10:15 am 
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So, let me put it another way, since THEY are saying that the downloads are ok to use for commercial purposes (even though TheKaraoke Channel site explicitly states the opposite, will THEY indemnify commercial users to that effect if any of them gets sued by a publisher? If not then their site should clarify to the user that they are at their own risk to use them for commercial use.

Think for a moment about the difference in meaning between can and may.

( I can drive my car at 120 mph if it will go that fast....I may not drive my car at 120 mph without paying the consequences )

They are reselling a product (karaoke channel downloads) that state on the originating site "not for commercial use"

They are trying to skirt the issue by playing games with wording.

I personally have no problem as I do not need anything they are offering however I feel for the KJ's that think they purchasing these and thinking they are protected. Please dig deeper before you make your decisions.....you are the one that has to pay the price

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PostPosted: Sun Jul 31, 2011 10:34 am 
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Show one instance where a music publisher has sued a DJ or KJ for playing music or karaoke tracks that they legally purchased or even threatened to do so.


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PostPosted: Sun Jul 31, 2011 11:25 am 
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Why would it surprise anyone that Karaoke Channel tracks can be available for commercial use? Just because purchases from their site are limited to personal use does not mean they have not granted permisson to another entity for commercial use. Remember, there are 500 KC tracks available from Selecatrack...


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PostPosted: Sun Jul 31, 2011 11:28 am 
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you are correct, however on selecatrack does state the disclaimer

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PostPosted: Sun Jul 31, 2011 11:34 am 
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kjathena wrote:
So, let me put it another way, since THEY are saying that the downloads are ok to use for commercial purposes (even though TheKaraoke Channel site explicitly states the opposite


Just because the KC site states the files downloaded from their site can't be used in a commercial setting, doesn't mean the same file downloaded from another site can't. It seems KC decided to restrict their site for home users and to licence the files to PCDJ to sell to professionals.

Makes perfect sense to me, pay .99 cents each to download them from a home consumer oriented type site for home use, or pay $1.50 each to download them from a professional site for professional use.

Some here will kick and scream that it's illegal and whoever uses them may wind up spending life in prison followed by eternity burning in hell. Meh. I have about 100 downloads from there I use regularly, and always check the site for tracks on the fly if i get a request I don't have on SC.


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PostPosted: Sun Jul 31, 2011 11:47 am 
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Singyoassoff....can you get PCDJ to state in writing ( or on their forums (take screen shots if they answer) )that you are indemnified against lawsuit ? Since you are working in the legal field and should know.... what would anyone's options be if KJ's were sued ? Am I missing a legal option other than suing PCDJ ? it appears to me they are covering their behinds with clever wording. Until the legality is clarified I would suggest that people tread lightly. If it is made clear and KJ's are covered then, by all means I say go for it if you need(or want ) the music.

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PostPosted: Sun Jul 31, 2011 11:59 am 
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kjathena wrote:
Singyoassoff....can you get PCDJ to state in writing ( or on their forums (take screen shots if they answer) )that you are indemnified against lawsuit ?


My predictions appear to be coming true!

By the way, (speaking of clever wording) have you read the Gem Series Contract? Point me to where in that contract it states that Kurt will indemnify a KJ from ANYTHING?

Point me to where it says on a CDG that the KJ is "indemnified"

Show me where SC, CB or PHM have EVER made such a statement in writing.

kjathena wrote:
Since you are working in the legal field and should know.... what would anyone's options be if KJ's were sued


Sued by whom? Don Henley? Methinks Artists have bigger fish to fry than the local KJ.


Last edited by Singyoassoff on Sun Jul 31, 2011 12:04 pm, edited 1 time in total.

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PostPosted: Sun Jul 31, 2011 12:01 pm 
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kjathena wrote:
you are correct, however on selecatrack does state the disclaimer


Not sure what "disclaimer" you are referring to?


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PostPosted: Sun Jul 31, 2011 4:28 pm 
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i have checked all over and there is no disclaimer i can find.
except this.....

"Licensing & Usage
All the tracks we supply are fully-endorsed by the manufacturer and are sold with their permission. Selectatrack is an approved licensee of the Mechanical Copyright Protection Society (MCPS) to which a royalty is paid for every track sold to cover song writer and publisher royalties. Customers can perform with any material bought from Selectatrack at home or in any public place."

under the "terms and conditions" section at the bottom.
so they say exactly the opposite of you cant.

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