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timberlea
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Posted: Tue Dec 11, 2012 5:10 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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My partner and I and some others around here use our discs as originally intended, no copies. We have discs that are 20 years old and still being regularly used including DK, SC, MM, etc.
_________________ You can be strange but not a stranger
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Smoothedge69
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Posted: Tue Dec 11, 2012 5:20 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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timberlea wrote: My partner and I and some others around here use our discs as originally intended, no copies. We have discs that are 20 years old and still being regularly used including DK, SC, MM, etc. Would you like a medal??? You're just so special. I wanna be just like you.
_________________ I am the ONLY SANE 1 HERE
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Smoothedge69
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Posted: Tue Dec 11, 2012 5:30 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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Just wanted to re-post this question so it wouldn't get lost in the mix:
Hey Gretchen, I was looking for Badfinger, "No Matter What". I found two versions, but there is no way of knowing who's versions they are. Will that be fixed soon?? I don't want to buy a version of a song that I wouldn't like. Thanks.
_________________ I am the ONLY SANE 1 HERE
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Paradigm Karaoke
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Posted: Tue Dec 11, 2012 5:54 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: ...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..... this is exactly what they are arguing. this is why the audit is "needed" because they say it is not authorized......every other manu and music publisher in the world says it is, but that is why the huge lists on the lawsuits. as far as SC is concerned, use of backup copies is illegal, but for a $150.00 fee they will look the other way.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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leopard lizard
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Posted: Tue Dec 11, 2012 8:18 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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JoeChartreuse wrote: 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. As I understood Mr. Harrington, there hasn't been a system in place for licensing digital downloads for commercial use. Plus he said something about the publishers wanting so much money that it wasn't feasible but that they were starting to study it more. So it wasn't so much that there couldn't be one but that there wasn't a practical system in place yet. Then someone on here emailed some of the publishers of the songs Digitrax was offering and asked about the licensing and the answers she got from the publishers satisfied her that Digitrax was being truthful but Joe felt she was misleading people in saying that. So, just as an experiment, what if Joe were to take just ONE song that Digitrax is claiming licensing for and email the publisher and see what they say. It would seem the least one could do before accusing both Digitrax and others of being misleading and it might make for an interesting and informative experiment.
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kjflorida
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Posted: Tue Dec 11, 2012 8:59 pm |
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Advanced Poster |
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Joined: Wed Jun 29, 2011 12:04 pm Posts: 336 Been Liked: 33 times
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someone posted a challenge to all KJ's to email and ask publishers if the DT downloads were authorized. I sent a number of emails personally and am comfortable using them. JoeC why don't you send some emails yourself?
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Paradigm Karaoke
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Posted: Tue Dec 11, 2012 9:58 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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i did the same with Karaoke Version songs and got the same response that they were licensed for sale in the U.S. and public performance use as a KJ just required PRS fees being current. there is no "for home use only" or "for professional use" license for downloads (at least according to Universal Music Group, the largest in the world).
on an interresting sidenote, after getting the DT email about bulk library purchases and saying they were the only legal download source for SBI & Sunfly the U.S., i sent emails to Select A Track, Tricerasoft, Sunfly, and SBI asking about the claim and where that left me with my previous purchases and i have yet to get a response from Sunfly, but the other responses were identical.....
"Their claim is totally false, your downloads from us are 100% legal, and I’m sure you’ll get a similar response from any of the other legal suppliers you may have contacted on this matter. We’re considering our best response to this claim."
just information i got and am passing on, not trying to start anything.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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leopard lizard
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Posted: Tue Dec 11, 2012 10:36 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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Not trying to disagree with you Paradigm but the challenge here was to ask the publishers if they granted the licenses to the distributors, not to ask the distributors if they had obtained them.
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Paradigm Karaoke
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Posted: Tue Dec 11, 2012 11:35 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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i understand, and Universal Music Group (The worlds largest music publisher) said yes when i asked them about Karaoke Version.
as for the other mail, that was just because DT said that to buy SBI or Sunfly in the U.S. legally it must be bought from them, anyone else is illegal. so i asked to major distributors of those tracks in Tricerasoft and Select-A-Track, and the manufacturers of the tracks in Sunfly and SBI directly about DT's claim of being the only legal distributor of those tracks for U.S. hosts and, as i am still waiting for Sunfly's response, the others have said that DT's claim is "totally false".
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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JoeChartreuse
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Posted: Wed Dec 12, 2012 12:29 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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timberlea wrote: My partner and I and some others around here use our discs as originally intended, no copies. We have discs that are 20 years old and still being regularly used including DK, SC, MM, etc. Me too, but I also own a pro re-surfacing machine.. I heartily recommend taking a look at one, Timberlea. The JFJ Easy Pro now costs less than half what I paid for it, and will correct anything short of label-side damage. If you are disc based, this is probably the best investment you can make. Not only for repair of your current discs, but for making inexpensive purchases of used discs worthwhile. Before Bazza gets worked up, please note that I said "if you are disc based". Of course, it's great for game, software,music, and video discs as well....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Wed Dec 12, 2012 12:37 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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leopard lizard wrote: JoeChartreuse wrote: 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. As I understood Mr. Harrington, there hasn't been a system in place for licensing digital downloads for commercial use. Plus he said something about the publishers wanting so much money that it wasn't feasible but that they were starting to study it more. So it wasn't so much that there couldn't be one but that there wasn't a practical system in place yet. Then someone on here emailed some of the publishers of the songs Digitrax was offering and asked about the licensing and the answers she got from the publishers satisfied her that Digitrax was being truthful but Joe felt she was misleading people in saying that. So, just as an experiment, what if Joe were to take just ONE song that Digitrax is claiming licensing for and email the publisher and see what they say. It would seem the least one could do before accusing both Digitrax and others of being misleading and it might make for an interesting and informative experiment. No need. First, I agree with Jim- no such licensing is in place. Second, please re-read my post. I don't accuse DT of anything except possibly spinning an answer to shed a positive light on their product. AGAIN: THEY are not responsible for useage- the KJ is. I am trying to tell you simply that. This means that in some remotely possibly scenario you might be sued by a publisher/owner, and a download host would face more liability than a host who owns the factory discs. That's it. Simple. Even more clearly stated: Useage licensing and more liability lay on a download KJ. A site may incur liability from other thigs, but not useage. You're on your own with downloads.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Wed Dec 12, 2012 12:48 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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kjflorida wrote: someone posted a challenge to all KJ's to email and ask publishers if the DT downloads were authorized. I sent a number of emails personally and am comfortable using them. JoeC why don't you send some emails yourself? Did better. Didn't ask parties who want to make money through sales of their product ( both publisher/owners and mfrs.) I asked independant IP specialists that have MY best interest at heart. Two IP attorneys- now retired- who have served me quite successfully for 30 years in my design biz. cost me two lobster dinners and a night of reminiscing. You want a real answer? Do the same. Don't ask someone who is trying to sell the product. The Surgeon General reported the hazards of smoking back in the 50's, but the tobacco companies kept bringing in their "experts" to say it was all bunk. BTW- have any of you who have contacted the publisher/owners received any actual licensing documentation that will stand up in court, or did you just get an e-mail that pretty much said " yeah, whatever"? If you got the licensing documentation, then you-the KJ-are covered for whatever tracks that documentation references. Anything else? Air. Sorry.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Smoothedge69
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Posted: Wed Dec 12, 2012 12:57 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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This whole debate is pointless. Nobody cares about purchased downloads. Nobody is getting trouble for using them, and we are hearing the same old tired double talk from the mfrs as we hear about every other aspect of karaoke. Buy your downloads legally, use them, and have a nice day!! As long as you don't use Karafun's store, Karaoke Locker, or Karaoke Channel you are fine. Karaoke channel has one of those pesky Sleps involved, so of course there has to be BS to go along with those songs. You know, Those Sleps know NOTHING about making money. They could make a ton off those Karaoke Channel downloads, along with getting the proper licensing to allow downloads of SC's songs. What fools. They have a cash cow there and they would rather sue people. Talk about your idiots!!
_________________ I am the ONLY SANE 1 HERE
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Lonman
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Posted: Wed Dec 12, 2012 1:38 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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JoeChartreuse wrote: AGAIN: THEY are not responsible for useage- the KJ is. I am trying to tell you simply that. This means that in some remotely possibly scenario you might be sued by a publisher/owner, and a download host would face more liability than a host who owns the factory discs. That's it. Simple.
No they (the kj) is NOT responsible for useage, that is covered when the club pays their PRO fees to the publishers! No liability on the kj once those are paid.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Lonman
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Posted: Wed Dec 12, 2012 1:40 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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JoeChartreuse wrote: I asked independant IP specialists that have MY best interest at heart. Two IP attorneys- now retired- who have served me quite successfully for 30 years in my design biz. cost me two lobster dinners and a night of reminiscing. So you got an iterpretation of a lawyer only. I would take the word of the publisher over the lawyer, there have been plenty of IP attorneys that have stated quite the opposite!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Lonman
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Posted: Wed Dec 12, 2012 1:44 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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Smoothedge69 wrote: This whole debate is pointless. Nobody cares about purchased downloads. Nobody is getting trouble for using them, and we are hearing the same old tired double talk from the mfrs as we hear about every other aspect of karaoke. Buy your downloads legally, use them, and have a nice day!! As long as you don't use Karafun's store, Karaoke Locker, or Karaoke Channel you are fine. Karaoke channel has one of those pesky Sleps involved, so of course there has to be BS to go along with those songs. You know, Those Sleps know NOTHING about making money. They could make a ton off those Karaoke Channel downloads, along with getting the proper licensing to allow downloads of SC's songs. What fools. They have a cash cow there and they would rather sue people. Talk about your idiots!! If the club isn't paying their fees, the kj sure as hell could get nailed as well, it's happened here. Karaoke Channel only has a Slep as a marketing rep if I understand, nothing more. Proper licensing of SC songs? They bought the library and renamed them to Karaoke Channel, SC has nothing to say about that library. If karaoke channel doesn't want to get the proper licensing to sell for commercial use, that's their right. Even BC of SC YEARS ago, stated the home market had outgrown the kj market - this was back in 2005 or so. So KC is marketing to home users only - nothing wrong with that.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Paradigm Karaoke
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Posted: Wed Dec 12, 2012 1:57 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: Did better. Didn't ask parties who want to make money through sales of their product ( both publisher/owners and mfrs.) wait......now the publishers.....the ones who you said could be the ones to sue us.....are lying to us also......specifically to open us to to get sued later? JoeChartreuse wrote: I asked independant IP specialists that have MY best interest at heart. Two IP attorneys- now retired- who have served me quite successfully for 30 years in my design biz. cost me two lobster dinners and a night of reminiscing. everyone in the industry except your two retied lawyers are lying to us? JoeChartreuse wrote: You want a real answer? Do the same. Don't ask someone who is trying to sell the product. again....the publishers who willingly give DJ's around the world permission to use downloads in their shows.....who only sued downloaders who STOLE material through IRC and torrents.........the publishers who are closing CD factories to focus on download sales and are making more money that way than CD's.......that is who i need to be afraid of? JoeChartreuse wrote: The Surgeon General reported the hazards of smoking back in the 50's, but the tobacco companies kept bringing in their "experts" to say it was all bunk. ok, and who besides Joe Chartreuse and his two friends chatting over dinner is saying that downloads put the responsibility on the downloader? JoeChartreuse wrote: BTW- have any of you who have contacted the publisher/owners received any actual licensing documentation that will stand up in court, or did you just get an e-mail that pretty much said " yeah, whatever"? we got the same proof you have, going in circles with this one. nobody but Joe Chartreuse and his two buddies say otherwise. JoeChartreuse wrote: If you got the licensing documentation, then you-the KJ-are covered for whatever tracks that documentation references. Anything else? Air. Sorry. show me your documentation that your disc is legal for commercial use.....that's right....it doesn't exist.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Second City Song
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Posted: Wed Dec 12, 2012 9:21 am |
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Senior Poster |
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Joined: Tue Oct 11, 2011 3:00 am Posts: 192 Location: Illinois Been Liked: 16 times
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kjflorida wrote: JoeC why don't you send some emails yourself? Only if you pay him his hourly show rate!
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JoeChartreuse
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Posted: Thu Dec 13, 2012 12:48 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: JoeChartreuse wrote: AGAIN: THEY are not responsible for useage- the KJ is. I am trying to tell you simply that. This means that in some remotely possibly scenario you might be sued by a publisher/owner, and a download host would face more liability than a host who owns the factory discs. That's it. Simple.
No they (the kj) is NOT responsible for useage, that is covered when the club pays their PRO fees to the publishers! No liability on the kj once those are paid. Yup, we'd love to think so- but unlike DJs in the same boat, we have additionl baggage- the video graphics. If a download host creates a file, it is the host's butt, because the new file is: 1) A copy, so the factory sheds most of it's liability 2) A new creation by the host, so the host is responsible for the licensing OF THE SYNCHED GRAPHICS. 3) Yes, the venue is responsible for the MUSIC, but the synched graphics are on the host who created a file from a download.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Thu Dec 13, 2012 12:54 am |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lonman wrote: JoeChartreuse wrote: I asked independant IP specialists that have MY best interest at heart. Two IP attorneys- now retired- who have served me quite successfully for 30 years in my design biz. cost me two lobster dinners and a night of reminiscing. So you got an iterpretation of a lawyer only. I would take the word of the publisher over the lawyer, there have been plenty of IP attorneys that have stated quite the opposite! And WHY would you POSSIBLY do that?!?! They, like the mfrs., are trying to sell a product. I will ask you what I asked before. Did a Publisher/owner send you documented licensing naming the tracks that they give you permission to use in a U.S.based show that will stand up in court, or did they just e-mail you a " sure, whatever, now go away" sort of thing? An IP lawyer who YOU pay has YOUR best interests at heart. What I don't get is that all the SC folks say an audit is part of the cost of doing business, yet they are too cheap to pay a consultation fee for a true, real, in THEIR interest answer. Don't mean to be derogitory, but that sounds truly dumb to me......
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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