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audioprola
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Posted: Mon Jan 27, 2014 2:49 pm |
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Senior Poster |
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Joined: Fri Aug 09, 2013 6:42 pm Posts: 194 Been Liked: 32 times
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Can someone explain the laws concerning regular cds (mp3 music). If you own the cd music disc can u rip it to your computer and play it commercially. thanks
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jdmeister
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Posted: Mon Jan 27, 2014 5:25 pm |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7706 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1090 times
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audioprola wrote: Can someone explain the laws concerning regular cds (mp3 music). If you own the cd music disc can u rip it to your computer (yes) and play it commercially. (only with fees paid) thanks
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rickgood
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Posted: Mon Jan 27, 2014 9:30 pm |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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Fees paid by the venue, not by you.
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mightywiz
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Posted: Tue Jan 28, 2014 12:35 am |
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Joined: Thu Jul 07, 2011 12:35 pm Posts: 1351 Images: 1 Location: Idaho Been Liked: 180 times
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audioprola wrote: Can someone explain the laws concerning regular cds (mp3 music). If you own the cd music disc can u rip it to your computer and play it commercially. thanks ASCAP, BMI, SESAC all require that you as a DJ must own the original CD, Record, Tape for the music your playing at a venue. that covers your (@$%!)! now you don't have to pay any fee's to those company's, it's up to the venue to pay all performance fee's. I've asked ASCAP about ripping disc to computer, they said that as long as I own an original album that I purchased then I was legal to use them. that was several years ago, you will have call them and ask about purchased downloads. downloaded music that you didn't purchase or have no proof of purchase is not legal at all.
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rickgood
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Posted: Thu Jan 30, 2014 8:24 pm |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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How would they know if you purchased the music?
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mightywiz
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Posted: Thu Jan 30, 2014 8:38 pm |
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Joined: Thu Jul 07, 2011 12:35 pm Posts: 1351 Images: 1 Location: Idaho Been Liked: 180 times
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rickgood wrote: How would they know if you purchased the music? you have the original cdg in your possession or receipts for your downloads.
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rickgood
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Posted: Fri Jan 31, 2014 7:40 am |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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But that is none of their business and they have zero authority to see it or even ask about it.
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chrisavis
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Posted: Fri Jan 31, 2014 9:47 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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There is also no reasonable cause to withhold the information if asked for it.
-Chris
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djjeffross
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Posted: Fri Jan 31, 2014 12:29 pm |
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Joined: Sun Jun 19, 2011 2:33 pm Posts: 43 Been Liked: 12 times
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Quote: There is also no reasonable cause to withhold the information if asked for it.
While I agree with your statement Chris, I also believe that is the one thing that sets us a part from other countries, FREEDOM & RIGHTS. They are being slowly taken away from us and I for one am surely not just going to give mine away. You want to see mine without a warrant or a court order then you are just wanting because it isn't going to happen. It's not that I couldn't show it to you but why should I? Because you want to see them? You want me to prove to you that I have them? I say prove to me that I don't !! I'm not quite sure why (some of) the karaoke community feels that these rights shouldn't exist. There are reasons why we have these protections in place in our country. Of course anyone who wants to just lay down their own rights and say "Oh yes sir, look at my personal property because you want too" most certainly can but I for one enjoy having the right to say "NO". Can I search your car sir? "NO. Not without a warrant." Can I come into your house and look for drugs and/or stolen property? "NO. Not without a warrant." Just because you don't have anything to hide does not mean you have to prove you don't have anything to hide. Can I see your karaoke & music CD's? "NO. Not without a warrant / or a Civil Suit" ... ahhh there's always that : )
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chrisavis
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Posted: Fri Jan 31, 2014 3:32 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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I believe in and will do my part to protect the very rights you mention. But I also don't take a hard line approach to the examples you gave.
I have been stopped countless times in my driving life for traffic violations. I have only been asked to allow a search of my car twice. Once I agreed, once I did not. In neither case did I have anything to hide, but when I did not agree, I had my reasons and I stood up for my rights. They got their warrant, they found nothing, and I was able to be smug about it.
I agreed to let my house be searched once too. I had a great chat with one of the officers as they took a look around. He even came to my karaoke show a couple of times. It's been about 3 months since I last chatted with him so thanks for the reminder to drop him a line.
I voluntarily provided all of my disc information at the time of my Sound Choice audit. I just see no reason why showing discs to an auditor is any kind of an attack on my personal freedoms or rights. Especially when there are pirates and thieves undermining the very same freedoms and rights. If I can eliminate doubt by showing someone a bunch of discs I have stored in my basement, then that is a no-brainer for me. Not to mention the positive benefits I have enjoyed from doing so.
-Chris
_________________ -Chris
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djjeffross
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Posted: Fri Jan 31, 2014 8:52 pm |
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Joined: Sun Jun 19, 2011 2:33 pm Posts: 43 Been Liked: 12 times
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Quote: In neither case did I have anything to hide, but when I did not agree, I had my reasons and I stood up for my rights. They got their warrant, they found nothing, and I was able to be smug about it. As was your legal right. Anyone should also have this right when it comes to other things too ... without being judged first. I understand you were proactive in your pursuit of proving your legality. I may be wrong but you were also fresh off of being swindled and felt the need to prove your innocence and that your intent was not done in bad faith. That's as it should be. But wouldn't someone who has spent years building a reputation and being above board find having to all of a sudden prove themselves to be a little annoying? It's quite possible someone doesn't feel the need to get a "certificate" that holds no legal standing other than from the (un)legal provider of said certificate. It's great that it has helped you along the way and that it continues to build your business. That's a great business move on your part. There also may be others that don't have a need for it to keep their business going because they have a solid reputation already. I'm not being argumentative Chris and I respect the passion you have taken in regards to your business but as you said ... "In neither case did I have anything to hide, but when I did not agree, I had my reasons and I stood up for my rights. They got their warrant, they found nothing, and I was able to be smug about it."
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chrisavis
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Posted: Fri Jan 31, 2014 9:22 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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Fair enough.
_________________ -Chris
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doowhatchulike
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Posted: Mon Feb 03, 2014 11:23 am |
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Joined: Wed Sep 21, 2011 8:35 am Posts: 752 Images: 1 Been Liked: 73 times
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I still view some of the actions as borderline collusion, since none of the parties involved have the authority to establish operational guidelines for the individual karaoke businesses. These businesses are not franchises; that fact may call into question the validity of some of the stipulations put upon use of product...
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JimHarrington
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Posted: Mon Feb 03, 2014 11:44 am |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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I suppose it bears repeating:
When your business is based largely upon your use of intellectual property belonging to others, you should expect to spend some time, effort, and money managing your relationship with those who own the intellectual property you're going to use.
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Bazza
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Posted: Mon Feb 03, 2014 3:00 pm |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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djjeffross wrote: I also believe that is the one thing that sets us a part from other countries, FREEDOM & RIGHTS. They are being slowly taken away from us and I for one am surely not just going to give mine away. Curious. I'd like to know what rights you no longer have that you had, say a year ago.
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TopherM
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Posted: Tue Feb 04, 2014 7:22 am |
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Joined: Mon Dec 20, 2004 10:09 am Posts: 3341 Location: Tampa Bay, FL Been Liked: 445 times
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We still have the right to bear arms!
_________________ C Mc
KJ, FL
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Lonman
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Posted: Tue Feb 04, 2014 10:07 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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I thought that meant arms with no sleeves? Very confusing!!
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timberlea
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Posted: Tue Feb 04, 2014 10:50 am |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Now see, I thought he meant this:
Attachments: |
File comment: I believe this is the true beering of arms.
beer arms.jpg [ 129.46 KiB | Viewed 25690 times ]
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_________________ You can be strange but not a stranger
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rickgood
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Posted: Tue Feb 04, 2014 12:10 pm |
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Joined: Tue May 31, 2011 7:09 pm Posts: 839 Location: Myrtle Beach, SC Been Liked: 224 times
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HarringtonLaw wrote: I suppose it bears repeating:
When your business is based largely upon your use of intellectual property belonging to others, you should expect to spend some time, effort, and money managing your relationship with those who own the intellectual property you're going to use. Mr. Harrington, the op was referring to MP3 content. Do you suggest that BMI or ASCAP have the right to come into a venue where I'm playing and inspect my hard drive? If so, where does that authority come from? Now if Prime Cuts asked me, I'd comply, but there is no need as they have records of my purchases since 2007.
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JimHarrington
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Posted: Tue Feb 04, 2014 1:10 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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rickgood wrote: Mr. Harrington, the op was referring to MP3 content. Do you suggest that BMI or ASCAP have the right to come into a venue where I'm playing and inspect my hard drive? If so, where does that authority come from? Now if Prime Cuts asked me, I'd comply, but there is no need as they have records of my purchases since 2007. The "right" to come into a venue and inspect your hard drive? Of course not. Neither does Prime Cuts, for that matter. Or SC. But if BMI and ASCAP contracted with the music publishers to police unauthorized copies, and they formed a reasonable basis for believing that you were in possession of and using unauthorized copies, they could start a legal process that would enable them to force you to submit your hard drive for inspection. I'm sure you would prefer not to be embroiled in a lawsuit even if you were ultimately in the right, especially if you could spend a couple of hours satisfying the people who have an unquestioned right to bring a lawsuit to police infringement, if they asked you to, by simply showing what you have. You understand that implicitly with respect to Prime Cuts. I'm not sure why those same principles wouldn't apply to other rights holders, within reason. Principles are great, but when there is nothing of real value to protect, it's usually a better idea to save your resources to fight the fights that mean something. (As for Prime Cuts, might I point out that unless you've bought everything they've ever put out, having a record of your purchases does not exactly give them everything they would necessary need to know?)
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