Ok I just spent a couple of hours going through two threads and there seems to be some common misconceptions running through both of them that I thought I could attempt to clairify.
Before I start, I should point out that I am NOT a lawyer or an expert on copyright law but my opionions are based on people who have been dealing with copyright law for nearly 25 years.
ok first of all the most basic misconception.
1. If you are a user of commercial music *like being a karaoke host* you have NO RIGHTS AT ALL unless they are specifically granted by the copyright holder IN WRITING.
It may be unpopular, unfair or stupid but that's the way it is.
Take the simple act of buying a karaoke disc. Congratulations, you now own a piece of plastic. The only RIGHTS you now have is to play that disc at home in a karaoke machine and to make a backup TO USE AT HOME. All other rights are kept by the producer of the disc and the record companies.
The legal RIGHT to play it in a public setting comes from ASCAP/BMI etc or if you you are based in Canada, a SOCAN license.
The legal RIGHT to copy that disc in ANY format does not currently exist for end users *ie the karaoke host* because the RECORD COMPANIES who hold the original copyrights won't allow it. It doesn't matter how much you dislike a particular karaoke producer it simply isn't in their power to do what we want.
2. Any Manufacturer of Karaoke that has been in business for more than 10 years has been sued for Copyright Infringent because the LAWS were changed on them. The ones that are still around settled, because it was cheaper than fighting it. The ones that aren't around got sued into oblivion or simply stopped selling in North America.
In the begginning just as CD+G was starting to come out there were no sync requirements for karaoke. The closest thing that applied was the current laws for audio recordings. Under these laws anyone who wants to produce a song may do so WITHOUT THE PERMISSION of the copyright holder, AS LONG AS THEY PAY the complusary fees to the proper entity *ie the persons representing the copyright holder or the actual owner of the copyright*
This is exactly what Soundchoice did. To the best of my knowledge no one has been able to prove a case of WILLFUL infringement.
Then cd+g discs like those from DKK came out and they contained pictures. All of a sudden people like Disney were crying foul, and they sued a whole bunch of people and and set the precident for Karaoke requiring a Sync license. THAT is when the artists and their representatives started to get involved and sue the karaoke companies. Because a sync liscense DOES require the permission of the artist.
Soundchoice, Chartbusters and a whole host of others were forced to stop selling a whole host of songs that the Artists had withdrawn permission for BUT part of the settlement terms was that KJs could continue to use the discs that they had paid for in good faith.
This is why no one will come after you for using Soundchoice's infamous Eagles disc.
3. A Sync licence for karaoke has two completely separate sets of rights - the audio portion and the composition portion *ie the lyrics you see on the screen*
When a karaoke company in north america produces a karaoke track they have master rights over the AUDIO RECORDING only! The full composition rights stay with the record producer. A karaoke company CAN grant the right the right to copy the AUDIO portion of their karaoke track but not the graphic or lyric portion. This is why transfering your cd+g discs to a computer is technically illegal.
4. Soundchoice has taken the position they will not sue anyone over THEIR RIGHTS for tranfering to hardrive AS LONG AS YOU ARE WILLING TO PROVE IT!
This is what the letter of intent is for, to give the KJ the opportunity to prove complience to their conditions to the format shift or transfer.
If someone thinks that this is unfair, yes they have every right to remove that content and not use it anymore but the fact remains THEY STILL BROKE THE LAW AND SOUNDCHOICE HAS EVERY RIGHT TO PERSUE THAT IF THEY SO CHOOSE REGARDLESS OF WHETHER YOU ARE USING THEIR CONTENT ANYMORE OR NOT!
And they can still go after a bar for contriubutory infringement. So removing your content solves nothing.
Ok i have to go for now, let the picking apart and arguements commence!
welcome to the forum. Unfortunately, you're way off base on this one however. Listen to Dr Fred, and manobeer. They are both 100% spot on. I will even take it one step farther. The element of intent must be in every legal argument, or there wouldn't be one. Also the manu's still would try to make you believe "Format Shifting" is illegal,..ask any one of them. When you legally format shift, you take all control of a product away from it's manufacturer. This they hate you for. They go balistic. Ask yourself this very simple question. If the karaoke disc manufacturers could completly control every aspect and means,of how their karaoke disc were played, displayed or presented, would they? If you honestly answer that question yes, there in lies the problem.