Karaoke Forums

And even telling us (when asked point-blank), that it's all legal!!!

makes it sound like you can buy SC, PHM or illegal.
somehow i doubt that to be the case.

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

......OR.......

Does this fall into that category that I call, for lack of a better term (and maybe I will find one better someday) ALEGAL! I guess "grey area" would do just as well. So many companies all over the world profit every day operating in that space, and I dare say there is not one soul reading this post that can say they have not benefitted from this scenario in some way or another in their life, knowingly or not (which, as pointed out from legal beagles on this forum, does not matter).

Not necessarily. For all I know, the UK companies have negotiated separate licenses with the publishers.

Meaning we can use them.

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I am the ONLY SANE 1 HERE

Naw.... Just like SC, these companies stockpiled a gazillion copies before the law changed...

(Maybe it's time to check up on some customs declaration forms that were filed)

But Harrington brings up an interesting point when he said:
"the U.S. Material that was produced and first sold before that changed"

I'd like to know what he means by "first sold..." because they're still selling them.

He's referring to the "first sale doctrine" which limits the copyright owner's distribution rights on product that already legally exists. The Gem series was legally created prior to changes in the law. While they can't make any more, they can sell, license, gift, or lend the discs they have in stock (the Gem series is a limited edition) without permission from the copyright owners.

What they can't do is condone, authorize, encourage, or give permission for the creation of a copy of the material on a hard drive.
This would be contributory infringement of the copyright owner's distribution rights.

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KNOW THYSELF

Actually, the standard for contributory infringement is a showing that a person "with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another." The cites are Fonovisa in the 9th Circuit and Gershwin Publishing in the 2d Circuit. SC doesn't do any of those things.

It's debatable as to whether creating a 1:1 copy is a copyright infringement in the first place, and a direct infringement is required for there to be contributory infringement.

Just for the record.. MCPS licensing no longer covers the US or Canada.. HOWEVER it doesn't make one lick of difference because all the UK companies now negotiate directly with the publishers for their licensing.

This has been confirmed by several companies, including Joe from Zoom. If you don't believe me, then go ask them yourself, like I did.

-James

So, in other words we CAN use them?

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I am the ONLY SANE 1 HERE

sunfly said the same thing, yeah, it's fair game.
they are going directly to the publishers. maybe the publishers give overseas karaoke producers better prices........nah.

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