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chrisavis
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Posted: Sun Mar 06, 2016 10:19 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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Brian A
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Posted: Sun Mar 06, 2016 11:36 pm |
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Joined: Mon Mar 01, 2010 12:43 pm Posts: 3912 Images: 13 Been Liked: 1672 times
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What the h! I knew it! I’ve been downloading like crazy the past few weeks using up my 135 credits, then I ignore my instinct like nah, it ain’t gonna happen. Then this! They could’ve at least provide a link so I can initiate refund for my remaining 48 credits.
_________________ To be fortunate enough to derive an income from a source as fulfilling as karaoke music has got to be as close to heaven as we can get here on earth!
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Lonman
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Posted: Mon Mar 07, 2016 12:09 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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Luckily I only had 16 credits left, but this sucks!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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c. staley
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Posted: Mon Mar 07, 2016 4:00 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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It's like any other lawsuit: either quit doing what you're doing, or pay to settle for doing what you've been doing. If you were "legal to start with" then there's nothing a lawsuit can do to prevent or stop it.
Tricerasoft was ordered by the court (by an injunction) to stop selling EMI/Sony material and they did not. They took down some songs and blocked some IP addresses, but they continued to sell others.
This should not have been a surprise to anyone. (Pacer.gov is your friend)
Why is it when pep sues a kj or venue, it's perfectly okay and they are only "protecting their intellectual property" like some downtrodden victim, but when a publisher does it, the publisher is "mean and greedy?" What's good for the goose should be good for the gander.
This is no different than a pep lawsuit: either pay them what they want by settling, or stop selling the product entirely.
Repeat: If they were in fact, as "legal" as they present themselves to be, a lawsuit couldn't stop them like this.
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jdmeister
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Posted: Mon Mar 07, 2016 6:51 am |
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Joined: Sun Mar 24, 2002 4:12 pm Posts: 7702 Songs: 1 Location: Hollyweird, Ca. Been Liked: 1089 times
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Sadly, this is not news.. Karaoke producers have been rumored (Yes, just a rumor) to license a few thousand titles, and press that few thousand over again a few times. Or more. You all know the drill, send a "Single Session" C D to the MFG facility, they create a "Master" and press the order plus or minus for "Accidents". Maybe a few to sell on the side.. Who's to know? And then, they invented the CD-R with built in printer.. No master needed.. Product never leaves the office. (Warehouse?) Yes of course we are licensed. See, it's printed right on the disk.
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TopherM
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Posted: Mon Mar 07, 2016 8:25 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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FYI, I requested a refund for my remaining credits, and they reimbursed me within about 2 hours of my request. Lightning quick.
_________________ C Mc
KJ, FL
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c. staley
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Posted: Mon Mar 07, 2016 11:49 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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jdmeister wrote: Sadly, this is not news.. Karaoke producers have been rumored (Yes, just a rumor) to license a few thousand titles, and press that few thousand over again a few times. Or more. You all know the drill, send a "Single Session" C D to the MFG facility, they create a "Master" and press the order plus or minus for "Accidents". Maybe a few to sell on the side.. Who's to know? And then, they invented the CD-R with built in printer.. No master needed.. Product never leaves the office. (Warehouse?) Yes of course we are licensed. See, it's printed right on the disk. You hit the nail on the head jdmiester, and just as "sadly," I still don't think that most KJ's here understand why there is a suit if Tricerasoft was - as they claimed they were - "paying fees." It's quite possible to "pay your fees" for distribution of a track. But that distribution (as jdmeister alluded to) is not "forever and endless distribution." The original IP was licensed for a "specific number of discs/downloads etc" and eventually, that number was reached. If the publisher licensed a manufacturer to sell 1,000 discs the first time around, it doesn't go on forever just because it's converted to a digital track. Somewhere down the line, the licensing expires and MUST be renewed. As evidenced by manufacturers of discs --including DKKaraoke, SC, PS, PRiddis, etc.. that have "lost songs" that they could not renew the licensing for. The DK Millennium for example was missing a number of songs from the original release. However, in this business (as jdmeister said) pressed "overruns" have often overtaken the original license limits.
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Smoothedge69
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Posted: Mon Mar 07, 2016 12:10 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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So now we have DTE, Allstar, Karaoke.net, karaoke version, BKD, .................YUP this sucks.
I can still download from SBI and zoom, using my home address, through google. Nothing underhanded.
_________________ I am the ONLY SANE 1 HERE
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JimHarrington
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Posted: Mon Mar 07, 2016 1:06 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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c. staley wrote: If the publisher licensed a manufacturer to sell 1,000 discs the first time around, it doesn't go on forever just because it's converted to a digital track. Somewhere down the line, the licensing expires and MUST be renewed. As evidenced by manufacturers of discs --including DKKaraoke, SC, PS, PRiddis, etc.. that have "lost songs" that they could not renew the licensing for. The DK Millennium for example was missing a number of songs from the original release.
However, in this business (as jdmeister said) pressed "overruns" have often overtaken the original license limits. That is not how licensing has historically worked. Publishers don't license for a specific number of discs or impressions. They license for a specific period of time, such as two or three years. The producer is free to press and sell as many discs during that time as the producer can commercially justify. Historically, publishers required payment of an advance, against which the per-impression royalty would be recouped as sales were generated, but that advance was not a maximum number of discs that could be pressed. Publishers are generally very happy to see sales exceed the recoupment number, because that's more money in their pockets. When a license expires, there is generally a "sell off" period for existing stock, as long as the number is commercially reasonable. It is exceptionally rare for a song to be "lost" because the publisher is no longer willing to license it. (It does happen, but it's rare.) Rather, what's much more likely is that at the point of a new license, a new advance would be required, and the anticipated future sales of that item don't justify paying the advance.
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Brian A
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Posted: Mon Mar 07, 2016 4:36 pm |
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Joined: Mon Mar 01, 2010 12:43 pm Posts: 3912 Images: 13 Been Liked: 1672 times
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All’s well that ends well, not an absolute true statement because they’re now out of business. But I did get my refund within 2 ½ hours. Thanks, Karen.
So, aside from custom made cdg’s overseas, we are now down to a few download sites: dte, kv, ksf, zoom, sunfly & allstar. What else is there?
Too bad we’re not allowed to download from karaoke channel and stingray. According to their tos they’re for personal/home use only.
_________________ To be fortunate enough to derive an income from a source as fulfilling as karaoke music has got to be as close to heaven as we can get here on earth!
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c. staley
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Posted: Mon Mar 07, 2016 4:41 pm |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: That is not how licensing has historically worked. Publishers don't license for a specific number of discs or impressions. They license for a specific period of time, such as two or three years. Stretching the truth a bit aren't you sport? This is kind of like you saying that SC has NEVER been able to provide "downloadable songs" either, which is also not true. "Unwilling" is not "unable" at all. How would you like to see a (redacted) license that SC not only (a) Licensed for a specific number of "impressions" (1,500) (b) Licensed for a specific period of time (3 years) and, (c) Licensed for downloads ("# of download units")JimHarrington wrote: The producer is free to press and sell as many discs during that time as the producer can commercially justify. Historically, publishers required payment of an advance, against which the per-impression royalty would be recouped as sales were generated, but that advance was not a maximum number of discs that could be pressed. That depends entirely on who authored the contract doesn't it? JimHarrington wrote: Publishers are generally very happy to see sales exceed the recoupment number, because that's more money in their pockets. Please give us an example of just 1 of the thousand of discs SC issued where they actually paid more than the advance... Just 1 JimHarrington wrote: When a license expires, there is generally a "sell off" period for existing stock, as long as the number is commercially reasonable.
It is exceptionally rare for a song to be "lost" because the publisher is no longer willing to license it. (It does happen, but it's rare.) Rather, what's much more likely is that at the point of a new license, a new advance would be required, and the anticipated future sales of that item don't justify paying the advance. Not that rare, as a matter of fact, SC created the gem series in the U.K. specifically to sell again songs that licenses had expired and other material. (Part of the declaration remember?.... ) Owner of Sound Choice wrote: Hi Brian - Yes, it’s a legitimate disc. In an effort to bring back more “out of print” Sound Choice titles that had been discontinued due to expired licenses or low sales, our UK branch is licensing the songs through MCPS (which is easier and less expensive than US publishers and allows for world-wide distribution) So, you want to explain to your "loyal and certified customers" here why SC has not sold downloadable songs even though SC licensed them and paid the advance? I have my own idea(s) and so does jdmeister... and I doubt that you'd like either one of them. Please stop feeding us the same bull over and over again.. You're an attorney, get creative. CLICK HERE FOR THE REDACTED CONTRACTbtw: Don't even ask, I'm not about to show you the rest. (and no, it's not from "Red Peters") PSS: I expect you'll be telling me that a "phonorecord" is limited to a disc.... It's not: § 255.4 Definition of digital phonorecord delivery. wrote: A “digital phonorecord delivery” is each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any nondramatic musical work embodied therein. The reproduction of the phonorecord must be sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. Such a phonorecord may be permanent or it may be made available to the transmission recipient for a limited period of time or for a specified number of performances. A digital phonorecord delivery includes all phonorecords that are made for the purpose of making the digital phonorecord delivery. [73 FR 66182, Nov. 7, 2008]
Last edited by c. staley on Mon Mar 07, 2016 6:03 pm, edited 3 times in total.
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Kirks Karaoke
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Posted: Mon Mar 07, 2016 5:18 pm |
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Super Poster |
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Joined: Sun Feb 03, 2013 12:39 pm Posts: 735 Been Liked: 99 times
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I give up. I don't need "new" music just the old stuff I don't have. I had 1 credit left, not worth going after.
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Lonman
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Posted: Mon Mar 07, 2016 5:33 pm |
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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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Brian A wrote: All’s well that ends well, not an absolute true statement because they’re now out of business. But I did get my refund within 2 ½ hours. Thanks, Karen. They aren't 'out of business', they just cannot sell to US and Canada. Possibly means their lawsuit with EMI/SOny is coming to a conclusion in EMI's favor. Quote: So, aside from custom made cdg’s overseas, we are now down to a few download sites: dte, kv, ksf, zoom, sunfly & allstar. What else is there? Still not sure how US buyers are downloading from Sunfly. I have tried several times from several different computers (different houses) and once I get to the page to enter payment info, it doesn't allow for me to enter any info and has a statement at the top pf the checkout page, "If you are ordering from America you will not be able to proceed through to payment. " and stops the transaction right there!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Karaoke Croaker
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Posted: Mon Mar 07, 2016 6:53 pm |
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Joined: Wed Dec 16, 2015 4:07 pm Posts: 576 Been Liked: 108 times
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American Jockeys are just downloading them for free...90% of them anyway.
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JimHarrington
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Posted: Mon Mar 07, 2016 6:57 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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That's a mechanical license, not a karaoke license. It's for the sound recording only, not a synchronized audiovisual work. SC did have downloadable tracks that it sold via iTunes and other sites, for noncommercial use, but they were not karaoke tracks.
Mechanical licenses do generally specify a certain number of units, but that's irrelevant to karaoke licensing.
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Mehmedic
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Posted: Mon Mar 07, 2016 8:23 pm |
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newbie |
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Joined: Sun Jan 19, 2014 10:26 pm Posts: 9 Been Liked: 0 time
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DTE. What site is that? I have not used karaoke.net. I thought allstars was for personal use only now?
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Krisko
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Posted: Mon Mar 07, 2016 8:27 pm |
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Joined: Mon May 30, 2011 2:31 pm Posts: 182 Been Liked: 28 times
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Unreal. That might be a crippling blow to North American karaoke. Sad.
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c. staley
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Posted: Mon Mar 07, 2016 9:32 pm |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: That's a mechanical license, not a karaoke license. It's for the sound recording only, not a synchronized audiovisual work. SC did have downloadable tracks that it sold via iTunes and other sites, for noncommercial use, but they were not karaoke tracks.
Mechanical licenses do generally specify a certain number of units, but that's irrelevant to karaoke licensing. Nice try, but no cigar. If you want to continue to claim the above, the publisher that sent me this license said this was the only form used for licensing so, you are by default admitting that the karaoke track of this song was not properly licensed for karaoke use. You can claim whatever you want, but I know who I'd rather believe.
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Lonman
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Posted: Mon Mar 07, 2016 11:25 pm |
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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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Mehmedic wrote: DTE. What site is that? I have not used karaoke.net. I thought allstars was for personal use only now? DTE - Karaoke Cloud All Star is for kj's too
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