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PostPosted: Mon Sep 07, 2009 9:37 pm 
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I created a system to where I can record a performance and have a DVD ready for the performer about five to six minutes after they are done. I just want to know if anybody in this forum who knows the scene think this is a good Idea and potentially profitable? I am still working out some kinks and need to purchase some equipment so I have not tested it in a bar yet. I'm thinking long this could eventually become a standard in the karaoke scene,but I just would like to get some incite from the pros.


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PostPosted: Tue Sep 08, 2009 5:10 am 
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Not time effective IMHO..

Legal issues arise too.. if it's a commercial setting.


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PostPosted: Tue Sep 08, 2009 6:25 am 
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The legal issue is getting the permission of the subject to broadcast the video. Sometimes in a public setting unless the subject is featured exclusively this is not necessary.

Concerning the recording of the music dont put it on Myspace. LOL I still dont have upload rights because I havnt jumped thru their hoops and I really dont care. Youtube has proven that uploads are helping or promoting the artists and they are crazy for demanding they be shut off. I never did get a reply from Village People on my Myspace video however my videos are still on youtube.

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PostPosted: Tue Sep 08, 2009 8:53 am 
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karyoker @ Tue Sep 08, 2009 9:25 am wrote:
The legal issue is getting the permission of the subject to broadcast the video. Sometimes in a public setting unless the subject is featured exclusively this is not necessary.


There's more to it than that. You're essentially doing a video recording of a cover tune's public live performance, and planning to distribute it (free doesn't come into the equation here). That means KJ or the singer (whoever plans on doing the actual distribution) are legally required to have a mechanical license for the audio, and a sync license for the video. The public performance part should have already been taken care of by the bar paying it's ASCAP/BMI fees.

. . . and contacting the owner of the publishing and original recording copyrights and asking permission is a perfectly valid way of obtaining those rights.

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PostPosted: Tue Sep 08, 2009 9:29 am 
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There's more to it than that. You're essentially doing a video recording of a cover tune's public live performance, and planning to distribute it (free doesn't come into the equation here). That means KJ or the singer (whoever plans on doing the actual distribution) are legally required to have a mechanical license for the audio, and a sync license for the video. The public performance part should have already been taken care of by the bar paying it's ASCAP/BMI fees.

. . . and contacting the owner of the publishing and original recording copyrights and asking permission is a perfectly valid way of obtaining those rights.


I did not see the word distribution in the OP post. A one time personal recording does not require a license. As someone who has actually spent time in the TV broadcast industry I know the legalities in and out.

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PostPosted: Tue Sep 08, 2009 12:51 pm 
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karyoker @ Tue Sep 08, 2009 12:29 pm wrote:

I did not see the word distribution in the OP post. A one time personal recording does not require a license. As someone who has actually spent time in the TV broadcast industry I know the legalities in and out.


First, this wouldn't be a one-time use of the copyrighted material. How many people would want to be recorded doing one of the perennial favorites like Picture? I'd imagine it would be quite a few.

Second, Sony vs. Universal City Studios codified the use of a personal recording for private use as fair use under copyright law. That means the KJ doing the recording needs to retain possession of the recording for his/her own viewing. Once the CD or file is handed to the singer, even if it's for free, it's legally been distributed, and the parties are no longer protected by fair use doctrine. Even though it's still a personal recording, it no longer meets the private use criteria.

If the intent was to charge the singer for the recording, then it's a work for hire, and fails both the personal and private use criteria.

I'd recommend anyone considering doing this to consult a lawyer that specializes in copyright law to find out exactly what the liabilities are.

It's a real can of worms.

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PostPosted: Tue Sep 08, 2009 7:53 pm 
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So you guys are telling me recording the singer and then giving them the DVD of their performance is illegal? I don't want to broadcast it or upload it to youtube (which by the way I have seen lots of karaoke video clips on youtube) I just want to record the video of the performance and burn it to DVD and give it to them,so they can take it home and re-live the moment.


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PostPosted: Tue Sep 08, 2009 8:04 pm 
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I may be wrong here and if I am please correct me. My understanding of the OP is that he has a product that he want to sell/market that is capable of doing as per describe. I don't think such product is illegal. In fact it already exist in some form or another.

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PostPosted: Tue Sep 08, 2009 8:35 pm 
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No it just happens to be some tweaked software and hardware I have manage to put together that allows me to produce a DVD after what ever I capture very quickly,so I figure karaoke would be a great area to apply it to.So what I was thinking is that I would team up with a KJ or just do it myself.Just an Idea Id thought I try out to make some extra money. So to reiterate essentially I am recording the performer then authoring and burning a DVD on the spot,DVD in hand 6 min after they perform.


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