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Dr.agon
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Posted: Tue Jul 14, 2009 12:20 am |
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Joined: Sun Apr 19, 2009 1:11 pm Posts: 40 Been Liked: 0 time
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What are some things to watch out for, as far as being legal?
Licenses, fees,venue license,cdg collection,hard drive music etc.
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Lonman
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Posted: Tue Jul 14, 2009 1:26 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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Legalites of being a kj, mainly make sure you buy legitimate music - usually original cdg's from the manus you won't go wrong, downloads are still pretty iffy as far as legalities. Ripping your music from cdg to hard drive is still a grey area, but most of the manus have stated as long as each computer has it's own independent set of discs (not ripping one library to multiple computers for multiple shows) they wouldn't pursue any legal action - but there haven't really been any cases to date yet either regarding a kj and ripped discs that they own to correspond with the computer.
Get a business license - most clubs i've worked for require you to fill out a 1099 for taxes. There are some that will pay under the table, that is up to you if you want to legally claim it.
As far a licensing ie ASCAP/BMI/etc, that completely falls on the club! Don't let them tell you differently!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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letitrip
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Posted: Tue Jul 14, 2009 7:41 am |
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Joined: Tue Apr 14, 2009 8:53 am Posts: 1462 Location: West Bend, WI Been Liked: 3 times
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Lonman @ Tue Jul 14, 2009 3:26 am wrote: Get a business license - most clubs i've worked for require you to fill out a 1099 for taxes. There are some that will pay under the table, that is up to you if you want to legally claim it.
This varies by state. In Wisconsin, there is no license for mobile entertainers. You can still get a Federal Tax ID for the business if you like, but it's really not necessary if you're a sole proprietor. In that case they merely use your SSN as the ID for the 1099. I wouldn't recommend not claiming the money you receive even if they pay you cash. Somewhere on their books they have to account for it and if they get audited you don't want the auditor to follow the trail to you and find out you haven't been reporting that income.
_________________ DJ Tony
Let It Rip Karaoke
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Babs
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Posted: Tue Jul 14, 2009 9:09 am |
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Joined: Tue Dec 06, 2005 11:37 am Posts: 7979 Location: Suburbs Been Liked: 0 time
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If you are receiving a 1099 from the venues you work I suggest incorporating your business. If you incorporate as an Scorp your personal assets are protected, so if by chance you are sued for some reason they can't go after you house etc.... But the most inportant reason to incorporate is it will be easier on you at tax time. This is because you won't have to pay self employment tax. It would be worth it to meet with an accountant. Accountants usually charge less to incorporate a business and can explain what you can right off at the end of the year.
If you are just starting out save your receipts ! Anything you purchase for the business is a write off.
In my area accountants normally charge $500 to $600 to incorporate. You can do it yourself if you'd like. It's actually easy to do, but it will take some research on your part to learn how.
_________________ [shadow=pink][glow=deepskyblue]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[updown] ~*~ MONKEY BUSINESS KARAOKE~*~ [/shadow][/updown][/glow]
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Babs
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Posted: Tue Jul 14, 2009 9:10 am |
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Joined: Tue Dec 06, 2005 11:37 am Posts: 7979 Location: Suburbs Been Liked: 0 time
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oops double post
_________________ [shadow=pink][glow=deepskyblue]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[updown] ~*~ MONKEY BUSINESS KARAOKE~*~ [/shadow][/updown][/glow]
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Michaelangelo1
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Posted: Tue Jul 14, 2009 9:15 am |
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Joined: Fri Nov 21, 2008 8:33 am Posts: 1002 Been Liked: 0 time
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Babs, I was wondering if you incorporated as a C Corp, S Corp, or LLC?
It seems LLC is the way to go for a sole proprietorship or family business.
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karaoke koyote
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Posted: Tue Jul 14, 2009 3:05 pm |
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Joined: Thu Feb 12, 2009 3:38 pm Posts: 1149 Images: 1 Been Liked: 31 times
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Babs @ Tue Jul 14, 2009 9:10 am wrote: If you are receiving a 1099 from the venues you work I suggest incorporating your business. If you incorporate as an Scorp your personal assets are protected, so if by chance you are sued for some reason they can't go after you house etc.... But the most inportant reason to incorporate is it will be easier on you at tax time. This is because you won't have to pay self employment tax. It would be worth it to meet with an accountant. Accountants usually charge less to incorporate a business and can explain what you can right off at the end of the year.
If you are just starting out save your receipts ! Anything you purchase for the business is a write off. (Within that tax year purchased of course)
In my area accountants normally charge $500 to $600 to incorporate. You can do it yourself if you'd like. It's actually easy to do, but it will take some research on your part to learn how.
Actually Babs, you can write of anything within the last FIVE years as long as you haven't written it off previously.
Also, I didn't have to get a business license in my state (maryland), just register my business name. Then I got my tax ID from the feds and then the state.
_________________ Good music, good friends, howling good times!
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Babs
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Posted: Wed Jul 15, 2009 12:46 am |
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Joined: Tue Dec 06, 2005 11:37 am Posts: 7979 Location: Suburbs Been Liked: 0 time
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You can carry over business losses, but if you have just started your busines it has to begin with that year. I explained it poorly.
I am an Scorp. Both Scorp and LLC provide limited liabilty. At tax time an LLC can elect to be treated like an Scorp. The reason I like being a Scorp is it's simply much cheaper to pay the secretary of state every year. LLC annual report fee is $250, Scorp fee is $75
_________________ [shadow=pink][glow=deepskyblue]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[updown] ~*~ MONKEY BUSINESS KARAOKE~*~ [/shadow][/updown][/glow]
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mckyj57
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Posted: Wed Jul 15, 2009 6:43 am |
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Joined: Tue Apr 04, 2006 9:24 pm Posts: 5576 Location: Cocoa Beach Been Liked: 122 times
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Business license is a state-by-state thing. If you are a sole proprietorship, you don't need one in a lot of states.
Has anyone here ever heard of a karaoke host being sued?
_________________ [color=#ffff55]Mickey J.[/color] Alas for those who never sing, but die with all their music in them. -- Oliver Wendell Holmes, Sr.
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karaoke koyote
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Posted: Wed Jul 15, 2009 8:31 am |
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Joined: Thu Feb 12, 2009 3:38 pm Posts: 1149 Images: 1 Been Liked: 31 times
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mckyj57 @ Wed Jul 15, 2009 6:43 am wrote: Business license is a state-by-state thing. If you are a sole proprietorship, you don't need one in a lot of states.
Has anyone here ever heard of a karaoke host being sued?
Yes, but not for piracy or copyright infringement. There are tons of discussions about it, but I can't find one single instance where a KJ has been sued.
I have however found instances where DJs/KJs have been sued for not delivering the goods for private gigs such as weddings and things.
_________________ Good music, good friends, howling good times!
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mckyj57
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Posted: Wed Jul 15, 2009 8:38 am |
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Joined: Tue Apr 04, 2006 9:24 pm Posts: 5576 Location: Cocoa Beach Been Liked: 122 times
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karaoke koyote @ Wed Jul 15, 2009 11:31 am wrote: mckyj57 @ Wed Jul 15, 2009 6:43 am wrote: Business license is a state-by-state thing. If you are a sole proprietorship, you don't need one in a lot of states.
Has anyone here ever heard of a karaoke host being sued? Yes, but not for piracy or copyright infringement. There are tons of discussions about it, but I can't find one single instance where a KJ has been sued. I have however found instances where DJs/KJs have been sued for not delivering the goods for private gigs such as weddings and things.
I guess I wasn't specific enough. I was thinking more in the realm of large awards for personal injury or other affront.
_________________ [color=#ffff55]Mickey J.[/color] Alas for those who never sing, but die with all their music in them. -- Oliver Wendell Holmes, Sr.
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Babs
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Posted: Wed Jul 15, 2009 11:35 am |
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Joined: Tue Dec 06, 2005 11:37 am Posts: 7979 Location: Suburbs Been Liked: 0 time
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I think it is probably a rare occasion a KJ or DJ has been sued for those reasons. I like having the extra protection just in case. If someone gets hurt in a bar they usually go after the bar owner. But if say a speaker gets knocked over onto someone's head they'd probably consider suing the KJ for the medical expenses.
The main advantage of being an Scorp or LLC is not having to pay self employment taxes.
_________________ [shadow=pink][glow=deepskyblue]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[updown] ~*~ MONKEY BUSINESS KARAOKE~*~ [/shadow][/updown][/glow]
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mckyj57
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Posted: Wed Jul 15, 2009 12:03 pm |
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Joined: Tue Apr 04, 2006 9:24 pm Posts: 5576 Location: Cocoa Beach Been Liked: 122 times
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Babs @ Wed Jul 15, 2009 2:35 pm wrote: I think it is probably a rare occasion a KJ or DJ has been sued for those reasons. I like having the extra protection just in case. If someone gets hurt in a bar they usually go after the bar owner. But if say a speaker gets knocked over onto someone's head they'd probably consider suing the KJ for the medical expenses.
The main advantage of being an Scorp or LLC is not having to pay self employment taxes.
Do you do profit distributions to pay yourself? That's what my partner and I do, but not for all of our income. We pay ourselves a reasonable salary. Uncle Sam won't let us get away without that (or so I am told) since we do actually perform consulting services. And when we pay ourselves, we do have to pay the corporate portion of social security. So as far as I know, we are damned if we do and damned if we don't.
_________________ [color=#ffff55]Mickey J.[/color] Alas for those who never sing, but die with all their music in them. -- Oliver Wendell Holmes, Sr.
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Phxkj
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Posted: Thu Jul 16, 2009 9:11 am |
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Joined: Mon Jan 22, 2007 4:39 pm Posts: 77 Been Liked: 0 time
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Here's an answer to your Question of never seeing a KJ being sued for piracy or copyright #civ-09-1462-phx-MHM. This was filed yeterday in US Federal court it names 4 Bars and approx. 10 KJ's or KJ companies as defendants
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Moonrider
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Posted: Thu Jul 16, 2009 9:27 am |
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Joined: Sun Jul 05, 2009 6:13 pm Posts: 551 Been Liked: 0 time
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Phxkj @ Thu Jul 16, 2009 12:11 pm wrote: Here's an answer to your Question of never seeing a KJ being sued for piracy or copyright #civ-09-1462-phx-MHM. This was filed yeterday in US Federal court it names 4 Bars and approx. 10 KJ's or KJ companies as defendants
Is there a website where that seemingly random collection of letters and numbers has meaning? I'd like to read the actual complaint.
_________________ Dave's not here.
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jr2423
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Posted: Thu Jul 16, 2009 9:36 am |
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Joined: Mon Oct 11, 2004 9:22 am Posts: 395 Location: Peoria, AZ Been Liked: 0 time
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Phxkj @ Thu Jul 16, 2009 10:11 am wrote: Here's an answer to your Question of never seeing a KJ being sued for piracy or copyright #civ-09-1462-phx-MHM. This was filed yeterday in US Federal court it names 4 Bars and approx. 10 KJ's or KJ companies as defendants
I'd like to read that, where do I find it? Do you have a link to it?
_________________ EveningStar Entertainment & Events JR & Michele LaPorte Peoria, AZ
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Lonman
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Posted: Thu Jul 16, 2009 10:13 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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Moonrider @ Thu Jul 16, 2009 10:27 am wrote: Phxkj @ Thu Jul 16, 2009 12:11 pm wrote: Here's an answer to your Question of never seeing a KJ being sued for piracy or copyright #civ-09-1462-phx-MHM. This was filed yeterday in US Federal court it names 4 Bars and approx. 10 KJ's or KJ companies as defendants Is there a website where that seemingly random collection of letters and numbers has meaning? I'd like to read the actual complaint.
Well maybe this time he'll put up a link to an actual case instead of just stating that it has been filed and no one else can verify or read.
Chances are it's either really about bars not paying publishing fees or kj's not actually owning original discs on their computers.
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Phxkj
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Posted: Thu Jul 16, 2009 10:14 am |
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Joined: Mon Jan 22, 2007 4:39 pm Posts: 77 Been Liked: 0 time
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The numbers and letters are the filing number in US Distict Court and are now public info if you know how to access, Im sure there will be a few attorneys on hear with access, there always have been
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Lonman
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Posted: Thu Jul 16, 2009 10:22 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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Phxkj @ Thu Jul 16, 2009 11:14 am wrote: The numbers and letters are the filing number in US Distict Court and are now public info if you know how to access, Im sure there will be a few attorneys on hear with access, there always have been
Links, links? Again!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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Phxkj
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Posted: Thu Jul 16, 2009 10:32 am |
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Joined: Mon Jan 22, 2007 4:39 pm Posts: 77 Been Liked: 0 time
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Well, Lonman The statement was I've never seen or heard of a kJ being sued for piracy or copyright infringement, the answer is the case number I have given you. it is both. This is a trademark case, which fyi is part of copyright, it is about hard drive users and while as I have stated over and over again I have no problem with 1:1 users as you profess to be, there is nothing legal about it. And this action makes no distinction between the two. I alsways find it so amusing when you attack me, Me thinks thoust does protest a little to much, if you catch my drift
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