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Posted: Thu Jul 27, 2006 11:53 pm |
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Steven....I'm crying here. LMAO LMAO LMAO LMAO LMAO LMAO LMAO LMAO ...Too many hippies and the KJ sucks. LMAO LMAO What are you basing your observation on? LMAO LMAO :no:
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Posted: Fri Jul 28, 2006 12:49 am |
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Several years ago a bar near here, actually they had two locations, but anyway...
I heard and I think the owner himself told me, that they were being hounded for over $25,000 from ASCAP/BMI, one or both. They kept telling them to pound salt. But It was going to court. Now it just so happens that both locations no longer exist. Don't know if that's the reason, but I'm betting it is. Probably did the bankruptcy thing, to get out of some of it. ASCAP/BMI were hot and heavy for a while, but it has died down lately. At least I haven't heard about them in recent memory.
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Steven Kaplan
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Posted: Fri Jul 28, 2006 12:51 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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From the Sonymedia bbs...
Subject: 7/27/06 - ASCAP Sues
Reply by: filmy
Date: 7/27/2006 2:55:00 PM
Rather than start a new thread I thought I would just continue this one - sort of. In case no one heard this, it was picked up by the wire services - following BMI's lead ASCAP has now sued a small bar near Syracuse for the same thing.
This is a case in Federal court and was filed last month. Like the BMI case ASCAP says they had tried to contact the bat since they opened in 2002 - "There were 27 contacts before it got to me..." said the lawyer for ASCAP. Unlike the BMI case where supposedly someone just happened to come into the place ASCAP actually hired a PI to pose as a customer, go into the bar and make notes. Out of 60 songs that were "perfromed" that night only 5 were in violation. ASCAP's lawyer said the bar could have gotten a license for $3,500 over the last 3 years but now the bar will have to pay between $750.00 to $30,000 for each song on the list. The lawsuit also said the bar can not have any more karoke nights until the case is resolved. Hearing is set for October 26.
What is interesting to me in both of these cases is that one had ASCAP but not BMI and the other seemingly has BMI but not ASCAP and in both cases the voilations amounted to a few songs. In both cases these are also relativly small places where the lawsuit could put them out of business. Will things like school dances, proms and weddings be far behind?
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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Steven Kaplan
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Posted: Fri Jul 28, 2006 1:00 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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What I'm finding interesting here, is that as I read this, the entertainers aren't implicated, just the venue.
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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Lonman
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Posted: Fri Jul 28, 2006 1:56 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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Steven Kaplan @ Fri Jul 28, 2006 1:00 pm wrote: What I'm finding interesting here, is that as I read this, the entertainers aren't implicated, just the venue.
Right it's the venues responsibiliy not the karaoke company/kj. As far as private parties like school dances & weddings, technically the people hiring you need to purchase the license - it's a one time deal kind of like the one night liquor license.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Echo Karaoke
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Posted: Fri Jul 28, 2006 5:28 pm |
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Joined: Thu Jun 29, 2006 11:34 pm Posts: 93 Location: Edmonton Ab. Canada Been Liked: 0 time
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Most schools I have dealt with, do not get any licence. And from what I understand, as schools are a place of education not for profit, they are exempt as long as any moneys made are spent on the school. This cam from an Much Music DJ. So although not for sure, sounds reasonable. But hpw long till that gets hit. Possably when BMI and ASCAP agents need a raise..
_________________ "Real life doesn't start untill the music plays." LSK.
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Lonman
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Posted: Fri Jul 28, 2006 6:34 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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Echo Karaoke @ Fri Jul 28, 2006 5:28 pm wrote: Most schools I have dealt with, do not get any licence. And from what I understand, as schools are a place of education not for profit, they are exempt as long as any moneys made are spent on the school. This cam from an Much Music DJ. So although not for sure, sounds reasonable. But hpw long till that gets hit. Possably when BMI and ASCAP agents need a raise..
Schools are exempt when the copyrighted material is used for educational purposes, a school dance don't classify as educational use.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Steven Kaplan
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Posted: Fri Jul 28, 2006 6:40 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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ASCAP exempts "Face to face" performances at a non-profit educational setting from their "Public Performance" definition.
http://www.ascap.com/licensing/licensingfaq.html
Quote: If you plan to hire your own musicians and singers and create an original recording of a copyrighted song, then you need the permission of only the music publisher.
Yeah, this happens every day LOL ..
I've been a cover musician for god knows how many years..
if I had a nickel for every venue that said, "hold on, before we record you doing that cover song, we need to call the original music publisher and get permission first", I'd be as wealthy as I am now.... Putting my own two cents in on this just completely left me for broke !
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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Echo Karaoke
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Posted: Fri Jul 28, 2006 7:57 pm |
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Joined: Thu Jun 29, 2006 11:34 pm Posts: 93 Location: Edmonton Ab. Canada Been Liked: 0 time
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Lonman @ Fri Jul 28, 2006 6:34 pm wrote: Echo Karaoke @ Fri Jul 28, 2006 5:28 pm wrote: Schools are exempt when the copyrighted material is used for educational purposes, a school dance don't classify as educational use.
Yes, legaly, but from what they said, they were told the schools are not required to pay as it is condidered non-profit, and is considered a part of their edsucation. I don't know how they view it else-where, but in Alberta and BC, that's the way it's treated here. But like I said, that could change, specially if the privilege gets abused.
_________________ "Real life doesn't start untill the music plays." LSK.
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Guest
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Posted: Fri Jul 28, 2006 9:51 pm |
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You need the permission to even play it publically, for profit. Recording it would be another issue. :whistle:
When a school does a class play, they have to get permission. And then they have to buy the musical score. times X amount of copies.
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Steven Kaplan
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Posted: Fri Jul 28, 2006 10:00 pm |
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Joined: Mon Jan 03, 2005 6:48 pm Posts: 13645 Been Liked: 11 times
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This is pretty interesting, It get's into home audio laws, and fair use acts...
http://en.wikipedia.org/wiki/Copyrights
_________________ Northeast United States runner up for the "Singing Hall of Shame".
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Guest
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Posted: Fri Jul 28, 2006 10:10 pm |
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Before I can read all of that, I'll have to fill out the college loan papers.
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