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PostPosted: Thu Sep 05, 2013 5:25 am 
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JoeChartreuse wrote:

1) The download distributor cannot give any usage permissions AT ALL. Therefore, any INSUFFICIENT permissions would, by definition, be UNNECCESARY.

2) Since digital transmissions are neither considered Original Manufacturers' Media, nor easily proved to be Original Manufacturers' product, a host is certainly taking chances with liability.


1) This is simply not so. Permission from the producer of a sound recording that is publicly performed by means of a digital audio transmission is absolutely required, even though permission from the publisher is also required.

2) This statement is meaningless. Because of strict liability, a host takes chances with liability regardless of the media used. There are situations where the. "originality" of the media matters, but those situations are very limited.


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PostPosted: Thu Sep 05, 2013 6:45 am 
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HarringtonLaw wrote:
JoeChartreuse wrote:

1) The download distributor cannot give any usage permissions AT ALL. Therefore, any INSUFFICIENT permissions would, by definition, be UNNECCESARY.

2) Since digital transmissions are neither considered Original Manufacturers' Media, nor easily proved to be Original Manufacturers' product, a host is certainly taking chances with liability.


1) This is simply not so. Permission from the producer of a sound recording that is publicly performed by means of a digital audio transmission is absolutely required, even though permission from the publisher is also required.

2) This statement is meaningless. Because of strict liability, a host takes chances with liability regardless of the media used. There are situations where the. "originality" of the media matters, but those situations are very limited.


Not to mention (which I am mentioning anyway) that some people still think of "original media" in terms of physicality. The "original" is the intellectual property. In our case, the music, the style of the lyrics displayed, the color schemes and more. That is the original work. How it gets distributed by the content producer helps determine the original media format which determines the "media shifting" aspect.

For instance, some software titles can be purchased on DVD, memory sticks, or purchased through an online store. In all three cases, the format the purchase receives it by is considered original media. In the latter case, the online store may distribute as a single zipped file, or it may be installed though an installer, or you may have to download all of the bits. Each of those would be considered "original media" event though they all look completely different.

Karaoke music is no different. My Chartbuster 12000+ drive is Original Media. My Chartbuster CD+G's are Original Media. My Chartbuster memory sticks are Original Media. Just so happens some of the content I have was distributed on each of those three physical storage mediums. The karaoke tracks that span each of those three are still "originals".

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PostPosted: Mon Sep 09, 2013 9:39 pm 
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HarringtonLaw wrote:
JoeChartreuse wrote:
Why the difference in price?? DT cna licence the download, but CAN"T LICENSE THE USAGE. Therefore, no reason to charge one price for home use- the only one allowed- and commercial use, which they can't license.

SO- why the price difference?


It ought to be a sufficient answer to say "because they can," but your assertions about licensing are an incomplete statement of the rules (and laws) regarding licensing. A more complete statement, which I will give below, illustrates exactly why there is a price difference beyond DT's whim.

First, DT--as the owner or exclusive licensee of the copyright in the sound recordings--has an exclusive right in the public performance of the sound recording because it was transmitted via a digital download. Ordinarily, the owner of copyright in a sound recording cannot control the public performance of the sound recording. The one exception is when there is a digital transmission (delivery) of the sound recording. For that reason, DT can set conditions on public performance of a sound recording in a way that music producers normally cannot. The fact that permission that DT gives is insufficient to enable a public performance does not mean that the DT gives is unnecessary.
.



Bad phraseology on my part, Jim. My apologies. The point that I was trying to make was that one must have permissions from BOTH agencies for full liability coverage. Having only one or the other still leaves one liable to litigation from the unsigned entity.

The fact remains that while DT may be able to give permission to download their products, they cannot give the permission for professional usage that the owner/publisher can. Hence, insufficient.. Our opinions differ in regard to digital transmissions, but that will have to be decided in court at some point due to volume of use anyway. No need to bother with it here.

However, you have answered my question regarding the higher pricing for use of the pro service: It may be due to higher costs to DT, or it may be simply because they can.

Nothing wrong with that either. Go to a drug store and look for a name brand over-the-counter med. It will be much more expensive than the generic, usually because of the original research, licensing, and advertising costs.

However, then the fun begins. look at the generic label in the same store and it's a few dollars cheaper. so far so good. But wait! Look at that exact same generic,- same date codes, same quantity, same dosage- going for a dollar at the dollar store. Why the HUGE price difference? Because they can. The American Way.

I'm just pointing out that I am not knocking DT's pricing policies, I was just looking for an answer. :D

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PostPosted: Fri Sep 20, 2013 12:08 am 
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Not because of higher cost's. Because they want more money from people already paying. They are, how do you say in plain english, GOUGING, wiki Price gouging is a pejorative term referring to a situation in which a seller prices goods or commodities at a level much higher than is considered reasonable or fair. This rapid increase in prices occurs after a demand or supply shock: examples include price increases after hurricanes or other natural disasters. In precise, legal usage, it is the name of a crime that applies in some of the United States during civil emergencies. In less precise usage, it can refer either to prices obtained by practices inconsistent with a competitive free market, or to windfall profits. In the Soviet Union, it was simply included under the single definition of speculation.

SWINDLE!!!!!! That comes to mind....

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