Karaoke Forums

After an extended period during which the site was being redesigned, Sound Choice has now re-launched its Safe Harbor program for venues with a new online registration system.

http://scsafeharbor.com

This free program is designed to encourage venues that hire karaoke operators to assist SC in verifying that those operators aren't using pirated music to put on shows. The basic deal is this: Venues that sign up for the program require their operators to submit to verification by SC that they aren't using pirated music. Venues that complete the requirements receive a guarantee that they will not be sued by SC for infringement based on their operators' piracy. Please consult the site for additional information about the program.

Operators can also register independently to start/speed the process, and only one registration is needed for the operator, no matter how many venues that operator services.

This program is different from SC's certification program for KJs. Venues are not required to hire SC Certified KJs to participate in this program.

The site also includes an anonymous reporting system for piracy. The reporting system does not require you to supply a name, phone number, or email address to submit a report.

As noted above, this program is 100% free for venue and operator participants.

Is this something that current SC certified hosts and/or GEM holders need to do as well?

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-Chris

If you have venues that sign up, it's probably a good idea to register so that we can generate a Safe Harbor registration number to associate with your venues, but it's not strictly necessary.

Also, if you signed up previously (i.e., under the old system or via manual registration), you do not need to re-register. We have not completed the migration of the data to the new system, but rest assured that we still have the information on hand.

Well this certainly puts a new 'twist' on things! Web based 'dime dropping'

But it begs the question, at least from me, as to why SC would not just jump into the 21st Century and offer the purported 18,000 tracks in a subscription based method. Surely an ongoing revenue stream would be a great way to allow for new production, as well as pull many pirates into legitimacy.

There are about 18,000 tracks in the historical catalog, but most of those tracks are not in current licensing because it is not economically feasible to keep them licensed.

SC has explored subscription-based pricing. It's not as easy to do legally as you might expect.

So the venue requires the operator to sign up for an audit. Does the operator also have to pay for the audit? That's kinda like your prospective employer requiring you to pay for your own background check.

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C Mc
KJ, FL

Will there be a list of Safe Harbor venues available for legal hosts to target?

Not that I expect that registry to be very large, very soon, but that would be nice to have. I would much rather work for venues that pledge to hire legitimate hosts than at venues with a history of hiring anyone who walks through the door.

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-Chris

If the venue requires the operator to sign up for an audit, that's the venue's doing. The Safe Harbor program does not require venues to do that. The Safe Harbor program does require venues to insist that their operators answer a questionnaire about their operations, in order for the venues to qualify for the program. It's not an audit, just a brief questionnaire, and it doesn't cost anything.

No, but you are encouraged to inform your venues about the Safe Harbor program.

Ah. Going for venue intimidation to try and get forced "voluntary " KJ info. Kind of an upgrade to increase revenue, I guess. I notice that it wasn't made clear on the site that Orinal Mfr. Disc based hosts are automatically within SC's parameters and no registration is neccessary..... How come?

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

Yeah, that's some really tough intimidation--"Here's a free program that helps you meet your legal obligation to avoid infringement, that takes about 10 minutes to comply with, and that guarantees you won't get sued even if you happen to hire a pirate KJ."





https://scsafeharbor.com/public.php#stayinglegal

"What does it take for karaoke hosts to stay legal, when it comes to using Sound Choice karaoke tracks? There are three options:

• Use original discs, or
• Become a Sound Choice Certified KJ so that you can use media-shifted copies of tracks from original discs, or
• Don't use Sound Choice tracks at all."

Venues and OMD hosts still need to register in order for the Safe Harbor to apply. Venues who only use OMD hosts don't need a Safe Harbor, but if they want it, they need to follow the steps.

as long as the host volunteers for an audit for a price.

"You need Sound Choice's permission to copy tracks from original discs onto another storage medium like a hard drive ("media-shifting") if you are going to use those copied tracks commercially. We refer to that permission as "certification," and you can get more information about certification from Sound Choice's website. Please also see Staying Legal for more information about media-shifting."

"Sound Choice only sells its tracks on compact discs. If you're using tracks on something else, you're using "media-shifted" copies. If you want to use media-shifted copies, you need our permission. We call that permission "certification."
In order to qualify for certification, a host needs to submit his systems to an audit by Sound Choice.*(for $150.00)* In the audit, Sound Choice will examine the host's original discs and any media-shifted copies the host uses to put on shows to make sure the host has "1-to-1 correspondence." That means that for every Sound Choice karaoke track stored on an alternative medium (like a hard drive, a thumb drive, or some other medium), the host owns, possesses, and does not otherwise use an original Sound Choice disc with that track on it, on a one-disc-per-track basis. A track on two hard drives requires having two original discs with that track on them. Please see the Sound Choice website for an official statement of the Media-Shifting Policy."

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Paradigm Karaoke, The New Standard.......Shift Happens

So, that means the person being hired by the Venue could lie on the questionnaire. What does that accomplish???


Why won't you list the Venues who register on Safe Harbor? As already pointed out, it could be extremely helpful to not only the KJ (who is looking for work), but also the Venue (who is looking for (what Sound Choice considers to be) a legal KJ).

It's NOT an innocuous questionnaire, but far from it. It's really a legal contract isn't it Mr. Harrington?

Questionnaire's don't need my driver's license number and they don't contain contractual agreements like this:



It's a contract.

Please explain how you can call this a brief questionnaire because I'd certainly like to know.

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Birdofsong

Anyone else have a better idea?

Paradigm, bird, Joe?

Just wondering.....

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-- Mark

Are there Safe Harbor programs for DJ's? Because we know there are way more of them than KJ's. Oh, and I don't want to spend the time to Google it

I'm not surprised that you're confused.

It's a brief questionnaire because it asks only a handful of questions. In paper form, it's two pages. It's broken into 5 pages on the online version mostly because we wanted to limit the number of questions per page.

It's not a contract because there is no consideration involved. SC is not promising or providing anything to the KJ.

You are free to sign up, or not sign up, just as venues are free to hire you, or not hire you.

As the page points out, if you are unsure about it, please seek the opinion of counsel.

I think it's also important to point out that SC isn't telling any venue to hire or not hire anyone, other than the general statement that the venue should only hire legal operators (which ought not be controversial). What SC is saying to venues is that if you follow these simple steps, then we won't sue you even if you hire a pirate operator. There are exceptions, but as a rule venues are notoriously bad at checking their operators out to make sure they aren't pirates. Those that can handle that task without SC's assistance don't need this program. Those that want to make that task easier can sign up.

I have a feeling that if we had a program to hand out free music, you'd find a way to complain about that.

Yup, something possibly similar, but administered by an empowered government agency, not an IP troll trying to maintain a financial handhold in a business of which they are no longer a viable part. Not to mention an industry in which their actions have already had a far reaching negative impact.

If something like this is going to occur, it should be administered by those without a vested financial interest in information gathered in this manner.

I see no difference between this sort of questionnaire andthe binding legal language of the audit agreement. As Jim has stated, the KJ gets nothing out of it, and SC gains.

They want my DRIVER'S LICENSE NUMBER???? I'm going to trust THEM to use and protect that information properly????

There's not enough vodka in the bar......

Now, Let's look at a few other things:

"SECTION 4. WARRANTIES, REPRESENTATIONS, ACKNOWLEDGEMENTS, AND AUTHORIZATIONS.
By signing this document:

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• I also agree that the venue and/or Sound Choice may inspect my karaoke system(s) at a mutually agreeable time and place.
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• I acknowledge that I may refuse to complete any or all of this questionnaire, that the venue may choose to hire me or not to hire me because of that refusal, and that my participation and the venue’s participation in the VCSH Program are entirely voluntary.
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• I acknowledge that my agreement to complete this questionnaire does not imply any covenant by Sound Choice not to sue me in the event that I am not operating in compliance with applicable laws.
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• I acknowledge that the information provided herein may be used freely by Sound Choice in connection with its efforts to enforce its intellectual property rights.
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1) Signing away the right to say no to an audit to protect yourself from one of SC's IP fishing expeditions..

2) Signing away the right to hold SC liable for things such as Tortious Interference, and associated reputational damage due to their actions.

3) Pretty much signing off on the fact that this agreement is of absolutely no benefit to the KJ, but only to SC ( and you are ok with that).

4) Signing away your rights to protect your personal information from abuse and possible dissemination.

Your mileage may vary, but signing this agreement would be as ridiculous as signing an audit agreement. I would add that if any KJ lost a job due to refusal to sign this agreement, my opinion is that they would probably have a very strong basis for a lawsuit against SC, and maybe even the venue, though that may be tougher if the venue can prove that they were led to believe SC was some sort of official org. like BMI or ASCAP. Don't know if they could do that, but......

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

With all due respect Joe....

You, Chip, and others have repeatedly pointed out language in various Sound Choice agreements that you feel spells certain doom for KJ's and huge windfalls for Sound Choice. I would like you or anyone to provide 2-3 examples where the language of an audit agreement, the language of a GEM license or the language of the Safe Harbor agreements has had a tangible negative impact on a KJ and/or 2-3 incidents where Sound Choice has used said language to strong arm a KJ or a venue.

Actually....I would be happy with a single instance of both, but we all know 1 incident does not a pattern make.

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-Chris