James....I am trying to settle a bet.....
https://pep.rocks/help_ol_agreement.pdfThat is the standing license for the PEP HELP program.
In my reading of this, I believe I understand what license and permissions it grants. But my questions is more along what is required of the operator under the HELP agreement.
At no place does the agreement explicitly state that the licensee own or possess discs for any of the tracks the license covers. Other verbiage on the PEP site says -
"The tracks you use come from original Sound Choice-branded CD+G discs. The HELP program does not grant you the right to obtain tracks from other than original discs, but our program does not require proof of disc ownership or 1:1 correspondence.
Where you source the tracks you use is up to you. Bear in mind obtaining tracks other than from original discs may constitute copyright infringement, which you commit at your own risk."
As noted, the license doesn't grant the licensee any permission to obtain the tracks from anything but discs, but since there is no audit or other check involved, ultimate, where the tracks come from is manged solely by the KJ and they accept all risk for where they come from.
Ultimately though, there is nothing in the HELP license that explicitly requires a KJ to own or possess any of the discs for tracks that are covered under the license agreement......is this correct?
Effectively, PEP will not beck checking for those discs, so the risk assumed by the KJ is that an upstream publisher would be the entity that MIGHT inquire as to ownership or possession of the material.......is this correct?
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