Karaoke Forums

Couldn't find much on this.. Stated topic.

Legality of live streaming from bar karaoke.

My situation:
I run a 7 night show here in Anytown, USA and am one of the CDG holdouts: NO Computer, NO Burned discs. The venue intends to start live streaming of my show. I have nothing to do with the stream except the stereo feed I already provide their house. I don't believe they plan on paying extra fees/royalyies to anyone.

My question(s):
Is it legal to broadcast copyrighted material from SC/CB others...?
If no, am -I- liable...?

I would expect BMI, ASCAP, or SESAC to cover that, and I would expect it to be very expensive. You probably would need to avoid showing any lyrics or screen images on the stream.

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The Performing Rights Organizations will cover that portion relating to the publisher rights, and yes, the venue will need to note that in its PRO forms. But since internet streaming involves a digital transmission of the sound recording, it is within an exception to the general rule against performance rights in sound recordings.

(That's a double or maybe triple negative. The owner of a sound recording usually can't prohibit its public performance. But if the performance involves a digital transmission of the sound recording, the owner of the sound recording can prohibit the performance.)

Thus, the person doing the streaming would need a license from the owner of the sound recording--which would be the manu of the karaoke track or its successor-in-interest. I would expect that liability to attach to the venue, rather than the KJ, and there may be some specific exceptions that apply, but the safer course would be not to stream.

I have been down this road and can tell you that Congress has granted a limited exception to laws stopping a FCC controlled radio station from broadcasting recorded content because of freedom of speech. Ads are one of the limits. The Performing Rights Organizations are in direct opposition to the exception but have been overruled in-part by the Supreme Court. Live performances still have licensing rights but have very strictly controlled rules governing those rights.

Seems the main problem here is that Congress gave the FCC terrestrial radio control which does not apply to non-over-the-air broadcast rights such as the internet. The FCC however has assumed these rights but because of its uncertainty over internet control has declined to fight internet battles yet. However waivers of payment and ownership should be required of karaoke singers broadcast since their performance is live!

So what you are saying, after the fee required of the venue are paid (whatever they are), and having the singer sign a waiver informing them that their performance is going to be streamed live over the internet and they will be recieving no revenue from that performance, it is ok?
I have often considered streaming my shows for publicity for the venue.
Anyone, more information please!

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I am saying a friend of mine ran a karaoke show at a venue for 4 years at $230 per night with a 3 day work week (wed- fri) and a band on Saturday. 3 years for 1st owner who charged $3 per head cover and 1 year for 2nd owner who charged no cover.

Then my friend was fired and a pirate boasting of 60,000 songs and internet radio was hired for $250 per night for same nights. Since I had written his software taking him from cdgs and books to laptop and dual koisks I helped him in his efforts to expose this pirate. This is what we found:

1. The Performing Rights Organizations were paid by the venue.

2. The internet radio station required no FCC license per the FCC because it was a non-terrestrial station.

3. No special licenses were required by the internet radio station to broadcast live from the venue per the FCC. Since the radio station was not our focus and the FCC rep. was not wanting to talk about internet radio we did not pursue what it required for the station to run.

4. Live radio performances require a performance contract or waiver of such contract per FCC. Performing Rights Organizations do not represent live singers although they may represent the music performed and copyright owners. Original music performance requires contracts or waivers of performer, music and copyright or implied copyright.

All was done by the venue and after 6 months the pirate KJ was fired and karaoke is now done by inhouse people. That's all I know on this.

http://www.ascap.com/licensing/radio/

Better have the VENUE or yourself consult with an attorney skilled in this area. Probs I see are releases from the singers("performers"), legalities with "Retransmission" of and/or additional format shifting, mechanical liscenses/video liscences(unless only broadcasting the voice), FCC limitations if any. Consult an attorney before doing any of this. ASCAP/BMI liscenses may ONLY cover playing IN-HOUSE and not in external rebroadcast context. Read the fine print on the CDG inserts that come with the discs concerning this.
CONSULT WITH ATTORNEY.

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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