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JimHarrington
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Posted: Wed Nov 21, 2012 1:46 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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cueball wrote: From Selectatrack's site: Licensing & Usage All the tracks we supply are fully-endorsed by the manufacturer and are sold with their permission to use at home or commercially in any public venue worldwide (assuming that venue has the appropriate public performance license). Selectatrack is an approved licensee of the Mechanical Copyright Protection Society (MCPS) to which a royalty is paid for every track sold to cover song writer and publisher royalties. Both Selectatrack and the MCPS are based in the United Kingdom, anyone ordering from outside the UK does need to check with their local publishing organisations on local terms of use regarding public performance.
OK... if not ASCAP, SESAC, or BMI, who is/are the local publishing organizations then? To answer the second part first...there are no "local publishing organizations" in the U.S. that cover distribution licenses. Licensing for distribution is done by the publishers themselves directly. As to the first part (the quote from the website) SelectaTrack's distribution license comes from MCPS. That license does NOT cover worldwide distribution. (As has been posted many times, and as is verifiable on the PRS for Music website, the licenses cover distribution worldwide EXCEPT the U.S. and Canada.) In order to distribute tracks to the U.S., SelectaTrack would need a distribution license from the owner of copyright in the underlying musical work (the music publisher). They may well have those licenses--their website is silent on the question. Anyone in the U.S. who purchases downloadable tracks licensed by MCPS for distribution is running the risk that those tracks are not properly licensed and could be the subject of a copyright infringement suit. How likely is such a suit? No one knows. Probably not very likely, but if it were filed, the purchaser is unlikely to prevail.
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JimHarrington
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Posted: Wed Nov 21, 2012 1:50 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Smoothedge69 wrote: HarringtonLaw wrote: MCPS licenses do not allow for distribution to the United States or Canada, for commercial purposes or otherwise. So, do you rat out people who you find using those downloads?? How would you prove it just from watching a show being run, or would you go on pure speculation?? We don't ordinarily have enough information about the licensing status to make a report to anyone about unauthorized downloads. After all, it is pretty much impossible to tell the difference between a track that has been downloaded and one that was purchased as an MP3 on a disc. So, no, there would be no report. Because of the relationship between SC and Stingray, however, we do have enough information about licensing status to know whether a Karaoke Channel track was appropriately licensed when we see one in a show. So we report.
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Smoothedge69
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Posted: Wed Nov 21, 2012 2:36 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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HarringtonLaw wrote: Smoothedge69 wrote: HarringtonLaw wrote: MCPS licenses do not allow for distribution to the United States or Canada, for commercial purposes or otherwise. So, do you rat out people who you find using those downloads?? How would you prove it just from watching a show being run, or would you go on pure speculation?? We don't ordinarily have enough information about the licensing status to make a report to anyone about unauthorized downloads. After all, it is pretty much impossible to tell the difference between a track that has been downloaded and one that was purchased as an MP3 on a disc. So, no, there would be no report. Because of the relationship between SC and Stingray, however, we do have enough information about licensing status to know whether a Karaoke Channel track was appropriately licensed when we see one in a show. So we report. It's quite sad that you do that. You just make it harder for us to run our shows, and more expensive. You aren't the karaoke police. You are the SC police is all. The thing that needs to change is that as KJs, we should be allowed to use ANY Karaoke tracks that we purchase from legitimate sources, without worrying who is keeping tabs on us and who is trying make a buck off it.
_________________ I am the ONLY SANE 1 HERE
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timberlea
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Posted: Wed Nov 21, 2012 2:48 pm |
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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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You can use any track you legally purchase. The problem is when you want to copy it. I'd like to know what other product out there (other than IP) that one can buy and copy it for virtually free, using the copy an saving the original. Heck for a small fee (call it an audit, call it a copy fee, or whatever you want) they will allow you to copy to your hard drive and use it. I bet you couldn't get that deal anywhere else.
_________________ You can be strange but not a stranger
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rickgood
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Posted: Wed Nov 21, 2012 3:13 pm |
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Super Poster |
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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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Every single track on every single disc i purchase from primecuts every month. How's that for an example?
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timberlea
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Posted: Wed Nov 21, 2012 3:56 pm |
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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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Rick that would be IP.
_________________ You can be strange but not a stranger
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Paradigm Karaoke
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Posted: Wed Nov 21, 2012 4:26 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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outside of IP is not within the scope of this forum. allowances within IP is where the problem and discussion lies. no other music besides SC music is under that constraint in any company. that IS the point.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Smoothedge69
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Posted: Wed Nov 21, 2012 5:09 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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Paradigm Karaoke wrote: outside of IP is not within the scope of this forum. allowances within IP is where the problem and discussion lies. no other music besides SC music is under that constraint in any company. that IS the point. Timber seems to think that ALL karaoke companies are making people get audits to shift their stuff, or something. He doesn't seem to understand that it IS ONLY SC that expects it's customers to go through that BS.
_________________ I am the ONLY SANE 1 HERE
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Lone Wolf
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Posted: Thu Nov 22, 2012 7:13 am |
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Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
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HarringtonLaw wrote: We don't ordinarily have enough information about the licensing status to make a report to anyone about unauthorized downloads. After all, it is pretty much impossible to tell the difference between a track that has been downloaded and one that was purchased as an MP3 on a disc. So, no, there would be no report.
Your actually saying this after saying all along that it is easy to tell when someone is using a computer rip verses a CDG?
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
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JoeChartreuse
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Posted: Thu Nov 22, 2012 10:18 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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HarringtonLaw wrote: cueball wrote: From Selectatrack's site: Licensing & Usage All the tracks we supply are fully-endorsed by the manufacturer and are sold with their permission to use at home or commercially in any public venue worldwide (assuming that venue has the appropriate public performance license). Selectatrack is an approved licensee of the Mechanical Copyright Protection Society (MCPS) to which a royalty is paid for every track sold to cover song writer and publisher royalties. Both Selectatrack and the MCPS are based in the United Kingdom, anyone ordering from outside the UK does need to check with their local publishing organisations on local terms of use regarding public performance.
OK... if not ASCAP, SESAC, or BMI, who is/are the local publishing organizations then? To answer the second part first...there are no "local publishing organizations" in the U.S. that cover distribution licenses. Licensing for distribution is done by the publishers themselves directly. In order to distribute tracks to the U.S., SelectaTrack would need a distribution license from the owner of copyright in the underlying musical work (the music publisher). They may well have those licenses--their website is silent on the question. I other words, if your favorite download site refuses to supply a license.txt with each track, than you have absolutely no liability protection- and probably because they are NOT working in partnership with the publishers....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Paradigm Karaoke
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Posted: Fri Nov 23, 2012 2:25 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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Joechartreuse wrote: I other words, if your favorite download site refuses to supply a license.txt with each track, which even acording to Harrington is not necessary to make a track legal Joechartreuse wrote: ... than you have absolutely no liability protection no less than if you run discs, the license is the same, just different verbage according to the assistant licensing supervisor at Universal music group, a download is just as legal as a disc, just a different license for PDL vs Physical product. Joechartreuse wrote: ...and probably because they are NOT working in partnership with the publishers.... did you drop your tin foil hat? they are working with publishers any less than Karaoke Kurrents who is only sold on e-bay and craigs list....remember.....UMG gives a license for disc and one for download, same coverage, same rights, different delivery method.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Singyoassoff
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Posted: Fri Nov 23, 2012 9:07 am |
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Senior Poster |
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Joined: Tue Dec 14, 2010 1:03 am Posts: 125 Location: Sarasota, FL Been Liked: 10 times
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HarringtonLaw wrote: You want the convenience and savings associated with downloads? Great. We'd love to give it to you. But there is not a mechanism currently that allows us to do so, despite our efforts. The fact that we can't yet offer that does not give you carte blanche to ignore the rules. I'm confused. http://www.karaokelocker.com (a branch of PCDJ) sells karaoke channel downloads. They also sell Gem series. ( http://www.pcdj.com/products/karaoke-content/). They are based out of St. Petersburg, Florida. So you are telling me, as Sound Choice's attorney, that the Karaoke Channel downloads I purchase from PCDJ are not legal to be used commercially?
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Smoothedge69
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Posted: Fri Nov 23, 2012 10:13 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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_________________ I am the ONLY SANE 1 HERE
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kjflorida
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Posted: Fri Nov 23, 2012 11:36 am |
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Joined: Wed Jun 29, 2011 12:04 pm Posts: 336 Been Liked: 33 times
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Singyoassoff, If you do the research yourself and hunt for the disclaimers you will find that with the apparent exception of the Digitrax downloads none of the others are legal for use in the USA and Canada. It is easy to email the publishers and ask if they have authorized tracks for digital use. I myself sent emails for a sampling of tracks and was surprised by the answers. Then again if you are ever sued for using them you could always sue the sales company for lying IF they are still in business. Not worth it to me personally.
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Lonman
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Posted: Fri Nov 23, 2012 4:35 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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Singyoassoff wrote: HarringtonLaw wrote: You want the convenience and savings associated with downloads? Great. We'd love to give it to you. But there is not a mechanism currently that allows us to do so, despite our efforts. The fact that we can't yet offer that does not give you carte blanche to ignore the rules. I'm confused. http://www.karaokelocker.com (a branch of PCDJ) sells karaoke channel downloads. They also sell Gem series. ( http://www.pcdj.com/products/karaoke-content/). They are based out of St. Petersburg, Florida. So you are telling me, as Sound Choice's attorney, that the Karaoke Channel downloads I purchase from PCDJ are not legal to be used commercially?I believe that was even stated by Ryan from PCDJ not too long ago
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earthling12357
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Posted: Fri Nov 23, 2012 6:20 pm |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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Lonman wrote: Singyoassoff wrote: HarringtonLaw wrote: You want the convenience and savings associated with downloads? Great. We'd love to give it to you. But there is not a mechanism currently that allows us to do so, despite our efforts. The fact that we can't yet offer that does not give you carte blanche to ignore the rules. I'm confused. http://www.karaokelocker.com (a branch of PCDJ) sells karaoke channel downloads. They also sell Gem series. ( http://www.pcdj.com/products/karaoke-content/). They are based out of St. Petersburg, Florida. So you are telling me, as Sound Choice's attorney, that the Karaoke Channel downloads I purchase from PCDJ are not legal to be used commercially?I believe that was even stated by Ryan from PCDJ not too long ago The terms of service at KaraokeLocker appear to be exactly the same as those of KaraokeChannel except for the name changes. And according to the terms of service for KaraokeLocker not just KaraokeChannel tracks, but none of the tracks are eligible for commercial use and they are all only licensed to the purchaser, so you won't own anything from them either. KaraokeLocker is not a KJ friendly operation. Ironic isn't it?
_________________ KNOW THYSELF
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JoeChartreuse
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Posted: Fri Nov 23, 2012 11:47 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Paradigm Karaoke wrote: Joechartreuse wrote: I other words, if your favorite download site refuses to supply a license.txt with each track, which even acording to Harrington is not necessary to make a track legal Joechartreuse wrote: ... than you have absolutely no liability protection no less than if you run discs, the license is the same, just different verbage according to the assistant licensing supervisor at Universal music group, a download is just as legal as a disc, just a different license for PDL vs Physical product. Joechartreuse wrote: ...and probably because they are NOT working in partnership with the publishers.... did you drop your tin foil hat? they are working with publishers any less than Karaoke Kurrents who is only sold on e-bay and craigs list....remember.....UMG gives a license for disc and one for download, same coverage, same rights, different delivery method. Let's try this again: From Selectatrack's site: Licensing & Usage 1) All the tracks we supply are fully-endorsed by THE MANUFACTURER and are sold with THEIR permission to use at home or commercially in any public venue worldwide Note: the word 'Manufacturer"- not OWNER/PUBLISHER- the ONLY people who CAN license the product. 2) Both Selectatrack and the MCPS are based in the United Kingdom, anyone ordering from outside the UK does need to check with their local publishing organisations on local terms of use regarding public performance. Even Jim Harrington- my strongest debating opponent on these boards- will tell you that MCPS licensing is EXCLUDED here in the U.S. As for liability: Someone said that I posted to the effect that if one uses discs, the mfr. is 100% liable. I don't state that, I never have stated that, and never will state that. Whoever posted that either fabricated the statement completely, or merely repeated someone else's error. HOWEVER, a disc based host LIMITS liability far better than download or shifted hosts. If the publishers get involved ( and I'm starting to think anything is possible after SC's debacle), the worst a disc based host will probably receive is a Cease & Desist. Others are open to more liability, or lacking that, a longer process due to shifting and/or downloading. A shifter will not only have to go through an audit, but will probably have to wait out a supplier audit as well. A downloader, lacking ownership of factory original product and no licensing text.docs from the site, will probably run into more problems. Please keep in mind that I am only repeating what my business counsel has told me. Do as you please, and enjoy....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
Last edited by JoeChartreuse on Sat Nov 24, 2012 12:02 am, edited 2 times in total.
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JoeChartreuse
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Posted: Fri Nov 23, 2012 11:50 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea wrote: You can use any track you legally purchase. . Just the act of paying for something that you bought in good faith doesn't make it legal or licensed. Sorry.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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timberlea
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Posted: Sat Nov 24, 2012 6:50 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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I didn't say good faith, I said legally.
_________________ You can be strange but not a stranger
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Paradigm Karaoke
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Posted: Sat Nov 24, 2012 3:26 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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JoeChartreuse wrote: 2) Both Selectatrack and the MCPS are based in the United Kingdom, anyone ordering from outside the UK does need to check with their local publishing organisations on local terms of use regarding public performance.
Even Jim Harrington- my strongest debating opponent on these boards- will tell you that MCPS licensing is EXCLUDED here in the U.S. MCPS has been absorbed into PRS for Music as a joint organization, and their license for onlione download allows for use in the U.S. http://www.prsformusic.com/SiteCollectionDocuments/Online%20and%20Mobile/LimitedOnlineMusicLicence.pdfthey still need to get the sync license just as U.S. manus do......direct form the owner which is valid worldwide. JoeChartreuse wrote: As for liability: Someone said that I posted to the effect that if one uses discs, the mfr. is 100% liable.
I don't state that, I never have stated that, and never will state that. Whoever posted that either fabricated the statement completely, or merely repeated someone else's error. JoeChartreuse wrote: "I did my research and checked my sources, and because I use the original discs, liability for these tracks rests solely on the mfr." JoeChartreuse wrote: "as long as it is on original manufacturers' discs. The liability rests on the manufacturer of that product." JoeChartreuse wrote: "Here in the U.S., only manufacturers' original media protects you from liability." JoeChartreuse wrote: "The thing is, a disc labeled by the manufacturer removes all liability from the host." JoeChartreuse wrote: "Since you are using the disc, all liability for any actions lies on the mfrs. shoulders." yes you have, many times.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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