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PostPosted: Mon Jun 23, 2014 2:21 pm 
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neur0mancr wrote:
I have to be honest. I find the above statement confusing?? If Sound Choice paid for the right to produce and record their own version of an artists song to use for karaoke. How is their recording of the song not protected? It was their money and artists that created the karaoke track and they paid for the licensing to produce it.


It is protected.

It serves Joe's purpose to ignore the fact that in a karaoke recording there are two copyrights at issue. One is the copyright in the composition--often referred to as the "underlying musical work"--which is what the publisher owns. The other is the copyright in the sound recording, which is owned by SC in some cases and by Stingray with regard to the pre-2007 (and licensed exclusively to SC for its field of use). In Joe's apparent view, only the composition copyright counts.


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PostPosted: Mon Jun 23, 2014 2:27 pm 
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cueball wrote:
HarringtonLaw wrote:
When a singer, or a KJ, sees the SC logo on a track, that conveys information about what that track contains, including who made it and what the quality is. When the SC logo is on something SC didn't make and didn't authorize and therefore has no control over, the reliability of that information--and therefore the value of the mark--is reduced.
And this is where you lose me (in RED). When you make that type of statement about the SC logo being on something that SC didn't make, I keep thinking, that someone took a (let's say) Music Maestro track, and wiped out the MM logo, and put the SC logo in its place. Now THAT would be considered CONFUSING and DECEPTIVE to me.


That would no doubt be deceptive, but that is not the only way to be deceptive.

SC's products are compact discs. It doesn't make hard drives or other types of media. When you copy a Sound Choice track to a different medium, you are making a new physical good that is now marked with the SC logo. Even if you were able to do it as an ISO image, thereby guaranteeing a bitwise copy of the CD, it is still a different physical item.

SC did not make that item, nor did it authorize you to make it, but it's marked with a logo that says SC did. That is deceptive and confusing.


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PostPosted: Mon Jun 23, 2014 2:37 pm 
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JoeChartreuse wrote:
If THEY sue for infringement, it is because THEIR TM is attached to THEIR hard work.


Actually, they tend to sue for infringement because their trademark is attached to something that is NOT their product. Which is exactly what SC does.

JoeChartreuse wrote:
They earned it, their product is known and loved worldwide. THEIR TM is also THEIR product, invention, etc... It has value.


SC's product is known and loved as well, and that renown and respect was earned through careful attention to the minutest detail in producing the 18,000 karaoke tracks SC produced. If you say that SC's product has no value, you are either a fool or a liar.

JoeChartreuse wrote:
SC's trademark would not be media shifted by itself. It would be without purpose. COKE'S trademark has become a product unto itself.


Irrelevant. Whether you are talking about SOUND CHOICE or COCA-COLA, the value of the trademark is in identifying the source and quality of the goods.

You go into a store to purchase a Coke. You are confronted with a refrigerator case full of identical, unlabeled bottles containing brown liquids. How do you know which one has Coke and which has something else?

JoeChartreuse wrote:
Their are thousands of items collected, bought, and sold for the trademark alone - without the beverage.

Napkins, trays, posters, glasses,etc.....


Yes, and Coca-Cola has numerous trademark registrations and common-law rights covering those kinds of items.

JoeChartreuse wrote:
SC's? Not so much....


Except for the one product that actually matters.

JoeChartreuse wrote:
I am stating that the P / Os could (and probably do) perceive SC's actions as poaching on their territory, which has ticked them off.


Now you say "could" and "probably," whereas before it was "definitely."

JoeChartreuse wrote:
Since I note that the SC enthusiasts arguments seem to be an attemp at distraction, do not address the actual issues that I put forth but are attempts at sidetracks, I have to assume there is no ACTUAL argument.


There is an actual argument there--you just refuse to acknowledge it because it entirely undermines your point.


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PostPosted: Mon Jun 23, 2014 2:39 pm 
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The Lone Ranger wrote:
It is not only harder to prove but I'm sure the rights holders that own the original content would enter the legal fray as well.


We would be delighted for the publishers to join in our suits. They have been extended an open invitation to join in.


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PostPosted: Mon Jun 23, 2014 2:50 pm 
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HarringtonLaw wrote:
The Lone Ranger wrote:
It is not only harder to prove but I'm sure the rights holders that own the original content would enter the legal fray as well.


We would be delighted for the publishers to join in our suits. They have been extended an open invitation to join in.


I'm not sure they will.. Too many issues now with creative accounting.

Heaven forbid they had to reveal a set of books. (One of many?)


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PostPosted: Mon Jun 23, 2014 2:53 pm 
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As a reminder, check out the forum rules here. viewtopic.php?f=18&t=4722


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PostPosted: Mon Jun 23, 2014 3:52 pm 
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cueball wrote:
HarringtonLaw wrote:
When a singer, or a KJ, sees the SC logo on a track, that conveys information about what that track contains, including who made it and what the quality is. When the SC logo is on something SC didn't make and didn't authorize and therefore has no control over, the reliability of that information--and therefore the value of the mark--is reduced.
And this is where you lose me (in RED). When you make that type of statement about the SC logo being on something that SC didn't make, I keep thinking, that someone took a (let's say) Music Maestro track, and wiped out the MM logo, and put the SC logo in its place. Now THAT would be considered CONFUSING and DECEPTIVE to me.


SC didn't make (or authorize) the conversion of a CD+G into an MP3+G. The MP3+G is a poorer quality recreation of the original SC product.

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PostPosted: Mon Jun 23, 2014 4:53 pm 
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chrisavis wrote:
cueball wrote:
HarringtonLaw wrote:
When a singer, or a KJ, sees the SC logo on a track, that conveys information about what that track contains, including who made it and what the quality is. When the SC logo is on something SC didn't make and didn't authorize and therefore has no control over, the reliability of that information--and therefore the value of the mark--is reduced.
And this is where you lose me (in RED). When you make that type of statement about the SC logo being on something that SC didn't make, I keep thinking, that someone took a (let's say) Music Maestro track, and wiped out the MM logo, and put the SC logo in its place. Now THAT would be considered CONFUSING and DECEPTIVE to me.


SC didn't make (or authorize) the conversion of a CD+G into an MP3+G. The MP3+G is a poorer quality recreation of the original SC product.



What if the conversion is to CDG & wave?

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PostPosted: Mon Jun 23, 2014 5:04 pm 
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Without permission (authority), it is not allowed except as prescribed under the applicable Acts.

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PostPosted: Mon Jun 23, 2014 5:37 pm 
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HarringtonLaw wrote:
When a singer, or a KJ, sees the SC logo on a track, that conveys information about what that track contains, including who made it and what the quality is. When the SC logo is on something SC didn't make and didn't authorize and therefore has no control over, the reliability of that information--and therefore the value of the mark--is reduced.

Still confused me...a bit perfect copy to a drive reduces the value of the mark, however playing an aging disc where the foil is deteriorating and adding garbled lyrics does not reduce the value because SC made that disc originally?

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PostPosted: Mon Jun 23, 2014 5:48 pm 
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Does a wrecked Ford devalue the worth of the Ford TM. Does a perfect replica of a Rolex increase the value of the Rolex TM?

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PostPosted: Mon Jun 23, 2014 5:49 pm 
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Paradigm Karaoke wrote:
Still confused me...a bit perfect copy to a drive reduces the value of the mark, however playing an aging disc where the foil is deteriorating and adding garbled lyrics does not reduce the value because SC made that disc originally?


Trademarks are about "quality control."

You are focusing on the "quality" part, when in fact the trademark law focuses much more heavily on the "control" part. An unauthorized bit-perfect copy to a drive might be very high in quality, but it is entirely outside of SC's control, and therefore an infringement. In reality, of course, most of the spurious copies in use are quite low in quality in comparison to the original.


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PostPosted: Mon Jun 23, 2014 6:04 pm 
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HarringtonLaw wrote:
Paradigm Karaoke wrote:
Still confused me...a bit perfect copy to a drive reduces the value of the mark, however playing an aging disc where the foil is deteriorating and adding garbled lyrics does not reduce the value because SC made that disc originally?


Trademarks are about "quality control."

You are focusing on the "quality" part, when in fact the trademark law focuses much more heavily on the "control" part. An unauthorized bit-perfect copy to a drive might be very high in quality, but it is entirely outside of SC's control, and therefore an infringement. In reality, of course, most of the spurious copies in use are quite low in quality in comparison to the original.

your control over the use of a scratched disc is...

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PostPosted: Mon Jun 23, 2014 7:42 pm 
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And Ford's control over a wrecked car or Coke over a broken bottle is? Paradigm, you're assertions over a scratched or damaged disc is irrelevant to the protection or use of a TM on the producer's product or service.

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PostPosted: Mon Jun 23, 2014 9:01 pm 
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HarringtonLaw wrote:
neur0mancr wrote:
I have to be honest. I find the above statement confusing?? If Sound Choice paid for the right to produce and record their own version of an artists song to use for karaoke. How is their recording of the song not protected? It was their money and artists that created the karaoke track and they paid for the licensing to produce it.


It is protected.

It serves Joe's purpose to ignore the fact that in a karaoke recording there are two copyrights at issue. One is the copyright in the composition--often referred to as the "underlying musical work"--which is what the publisher owns. The other is the copyright in the sound recording, which is owned by SC in some cases and by Stingray with regard to the pre-2007 (and licensed exclusively to SC for its field of use). In Joe's apparent view, only the composition copyright counts.


8) Well Jim if SC or Stingray own the copyright in the sound recording why don't you sue for that as well as TM infringement? Wouldn't that give you more to go on, and strengthen your case?


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PostPosted: Mon Jun 23, 2014 9:06 pm 
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HarringtonLaw wrote:
The Lone Ranger wrote:
It is not only harder to prove but I'm sure the rights holders that own the original content would enter the legal fray as well.


We would be delighted for the publishers to join in our suits. They have been extended an open invitation to join in.


8) They would have to join in since the composition copyright is owned by them, the basic underlying material for your product.


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PostPosted: Mon Jun 23, 2014 9:10 pm 
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timberlea wrote:
No, they got sued because they didn't get PERMISSION to use those notes or what have you.


8) You mean like SC got sued by EMI because they didn't get PERMISSION to use the composition content copyrighted material they used in their product?


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PostPosted: Mon Jun 23, 2014 9:51 pm 
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Well Lone, that case is in process and none of us know what the conclusion will be. Regardless that is between EMI and SC and not us. If SC loses, so what, we'll continue to buy their product.

McDonald's was sued and lost to the old lady and her coffee spill, do you think it was a big detriment on their business? Did throngs of people stop going there? Nope, everyone carried on as usual the masses continue to eat there. Wal-Mart has been sued by various people but business is still up? Why? Because people really don't care or make it their business, they will continue to do business with businesses that have been sued.

For some reason you want to take it personally to a point where it appears to have become an obsession with you and some others.

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PostPosted: Mon Jun 23, 2014 11:40 pm 
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timberlea wrote:
I use OMDs so no format shifting here. Again SC or any other company's TM is theirs not yours. I have seen the SC TM on products other than CDGs that SC has produced or licenced. I believe I have seen t-shirts, mugs, banners, etc. Just like Coke or Ford or whoever. YOU may believe it has no value but that doesn't make it true. You and Lone keep trying to justify your positions but are failing miserably.


You BELIEVE you have seen SC's logo being sold as a stand alone on other merchandise like mugs and T - shirts? Either you did or you didn't. Which is it? If you did, please let us know where they are sold. If you didn't then why post it?

You have failed miserably at answering my two non-shifting questions.

SC is who to thank for current and future sourcing problems. They have annoyed the giants into it, and not one single person here has given ANY reason to believe otherwise.

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PostPosted: Mon Jun 23, 2014 11:50 pm 
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HarringtonLaw wrote:
neur0mancr wrote:
I have to be honest. I find the above statement confusing?? If Sound Choice paid for the right to produce and record their own version of an artists song to use for karaoke. How is their recording of the song not protected? It was their money and artists that created the karaoke track and they paid for the licensing to produce it.


It is protected.

It serves Joe's purpose to ignore the fact that in a karaoke recording there are two copyrights at issue. One is the copyright in the composition--often referred to as the "underlying musical work"--which is what the publisher owns. The other is the copyright in the sound recording, which is owned by SC in some cases and by Stingray with regard to the pre-2007 (and licensed exclusively to SC for its field of use). In Joe's apparent view, only the composition copyright counts.


I have apparently been giving you too much credit for intelligence. Since I have not brought up licensing, legalities, royalties, or trademarks, and have stated this several times, One must wonder why you continue to address THOSE points rather than those made by me. Hope for distraction from the fact that SC has angered the giants? Fail. SC
simply found a way- and probably legally - making money in suits and intimidation "settlements " that they could not possibly make without the attachment to others' property without having to pass back those monies to them. No legalities or licensing involved - they are simply pissing off important people with a lot of clout and WE, not SC ( no longer a music producing part of our industry - now mostly parasitical) will be the ones to feel the result.

That leaves comprehension problems....

Btw- I would love to know how you define my "purpose ". Yes, I know it would be another distraction. Maybe a " Joe 's Purpose" thread? :-) :-)

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Last edited by JoeChartreuse on Tue Jun 24, 2014 12:07 am, edited 2 times in total.

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