Karaoke Forums

If a person is running a true karaoke business and a $125 annual bill keeps that person from eating for a week, then that person should give up trying to run a small business and just go back to being an employee for someone else.

...and that is YOUR opinion. I would like an opinion from a judge or jury that doesn't have a horse in the race. If a car gets stolen, the police can't stop every car that is of the same make and model that drives by. If they see you running a stop sign, they then have a right to pull you over and ask for your paperwork but they are the "LAW". A Karaoke Compnay doesn't have the RIGHT to force one of their customers to make full disclosure of their property based on their suspicions. Coercing a person to submit to an audit using the threat of a lawsuit as an incentive would seem to me to be an illegal search. It would be like a policeman threatening to impound your car if you didn't let him search it. The inconveniense of having to get your car out of impound might cause you to let the policeman search your car when he did NOT have any probable cause to ask to search it in the first place. If he did, in fact, find something illegal in the trunk of your car, the evidence probably would get thrown out in a court of law. If the poilce can't use these gestapo tactics; I don't believe a judge or a jury would allow a Karaoke company to use them either. I guess that's why none of these cases ever get in front of a judge. There always seems to be some bit of paperwork that doesn't get filed on time.

there has already been a case that went all the way in Pensacola Florida that did say media shifting without permission was illegal.

Bruce, actually they do. It is given through both the Copyright and Trademark Acts. It is why a company can take suspected violators to court. The same with Patents and probably other things.

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You can be strange but not a stranger

In regards to Sound Choice - In a voluntary audit, they only look at the SC materials. SC has never asked me for any kind of information regarding my non-SC karaoke music.

-Chris

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-Chris

agreed here, it can be easily copied, but find one other besides SC in the entire industry requiring audits. that is the point we are getting at.


and for that i am with you. you wanna download a song that you did not pay for.....go to hell. you want to use the song you paid for in another format, go ahead.at least to every company in the world except SC.

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

And Digitrax/Chartbuster.

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I am the ONLY SANE 1 HERE

That is because Chris SC does not have the legal right to protect any other label besides their own. Just like Gretchen said, the only label DT/PR is interested in is CB, they have no right to go after any other trademark infringements. Currently if a host does not want to be bothered by either company it's simple do not use the product, boycott it. Have a nice day.

Or get an audit.

Have a wonnermous day!

-Chris

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-Chris

How does Sound Choice monitor, on a perpetual basis, all the kjs they gave permission to media shift, to make sure they don't use the discs or the digital file in a second rig? Seems to me once you have that blessing they won't come sniffing around your business afterwards, unless there is some procedure in place that hasn't been openly discussed.

Once you pay your protection money, you are pretty much free to do as you please....until the Sleps want to buy another boat or fancy car. ;c). Then they'll come up with a new shakedown plan. They have barely put a dent in the pirate KJ numbers. I have only seen one KJ in my area that bought the Gem series to become "legal" and within a couple of months; they lost their gig to a pirate.

Oh, that's rich!! Yeah, SC fighting to make the business more fair!! MY A$$!!!

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I am the ONLY SANE 1 HERE

Yup, SOMEBODY did, but it wasn't CB. I'm guessing that the new DT library (6,000 less tracks than CB had- guess why?) probably doesn't contain it.

Now, something else. You asked Gretchen if DT tracks were ok to use for hosting a U.S. based karaoke show, and she replied that they are.

Technically correct, but only as far as DT is concerned.


DT doesn't care how they are used- the answer is misleading. Even Jim Harrington has stated that download sites cannot issue licensing for useage. Even if the SITE is licensed for distribution to professional KJs, THEY are not responsible for usaege and have no licensing to offer from the publisher/owner to that end. Why? Because THEY are not KJs. THEY do not use the product for that purpose, and have no reason to pay for licensing for it.

Once YOU create YOUR files in YOUR computer, YOU are responsible for licensing the use for a U.S. based karaoke show.

I'm sure that you can do this with enough work and fees, but do not assume the site has done this FOR you- they haven't.

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

" Disc based and loving it..."

Nobody cares. People aren't getting sued for using these downloads. KJs want to run computerized shows. They are easier, and faster to run. You need less equipment, and you can save time with loading and unloading. Not to mention that you don't have to worry about skips and garbles. Nobody is going to be bothered with suing KJs for purchased downloads.

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I am the ONLY SANE 1 HERE

Really Joe..............again?

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

No such thing as a licensed karaoke show. Venues pay the pro fees, you play your karaoke tracks, and ASCAP and bmi could care less if you paid for them or not.

[quote="HarringtonLaw"
(3) When you "transfer my tracks to my computer," you aren't really "transferring" them. What I mean is, they aren't removed from the disc and placed on the computer. They're copied.
[/quote]


Just like downloads. One is not removing tracks from a site, just creating another file containing the track in the PC. No longer original.

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

" Disc based and loving it..."

Information was requested, and the answer was incomplete. Just trying to be helpful. Try to understand that I couldn't personally care less if someone downloads, or rips discs to a PC, Cloud subscripted, GEM leased, or standard disc based. Not my problem.

However, these forums are -at least minimumly- supposed to be about exchanging information. If I see what I consider incorrect, incomplete, or possibly misleading information, I tend to try to correct it.

In other words, do as you will but allow me 2 cents. If there was something in my recent post regarding Gretchen's answer that was incorrect, please tell me what it was. If not, and you wish to ignore it, that's OK too. Who knows- it COULD be helpful to someone....

Also, and once again: I have absolutely no issues with DT, nor had I any with CB. Only SC.

They have been culling the CB library of any "license impaired" tracks, and I commend them for it. Not only that, but as long as their downloading distribution licensing is good- and I have no proof otherwise- then THEY are operating on the up and up. THEY are simply not the ones liable for useage, but the KJ could be, which is why the KJ should be fully aware and careful regarding download use. In other words, I'm not knocking DT, but am explaining that the KJ is responsible for his own tracks, and his own business. That's all....

Bottom line is common sense: One doesn't ask someone trying to convice you to buy their product about quality, useage, liability, etc.... Do you really think they will give you a NEGATIVE answer?

You ask an independant specialist- in this case, an IP lawyer with YOUR best interests at heart.One that you know and trust.

Then you KNOW- without debate- and you go.

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

" Disc based and loving it..."

But Joe a download from a legitimate site is AUTHORIZED. You copying it from a disc is not. When you get your download you get one file, not one and a copy.

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You can be strange but not a stranger

As far as downloads, authorized is not the same as factory original. It just means that the host has met the SITE's requirements, and THEY won't bother you no matter how you use it.

As for one copy, are you saying that a KJ doesn't back up his library?

As for discs, you may be a bit confused regarding them. Though labels state "no UNAUTHORIZED" copies, they are speaking of useage. A copy made to run a second show is un-authorized. A back-up copy of an ORIGINAL factory disc for use as a replacement at a single site ( per the software wars of the 90's and other cases of all sorts of recorded media since) IS authorized.

Even SC isn't argueing that, because if they were, then they would state that even media shifting discs that you own would be a no-no. Of course, that would blow their income model, but.....

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

" Disc based and loving it..."