Karaoke Forums

ASCAP cannot sue KJs. Or DJs. Or bands. Only the venue.

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Birdofsong

Ok. You have a really good point there.

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I am the ONLY SANE 1 HERE

That's even better. . That's what I have heard, maybe in Lon's area the laws are different. Monsieur Harrington??

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I am the ONLY SANE 1 HERE

Then it may be the kj actually worked at the bar instead of it's own company or the kj was the owner - I don't know, but the KJ/DJ was in fact named along with the club. I cannot remember the actual case, it was in Spokane I believe a few years ago. I was a piracy case as well as all of the music being used was burned discs, so not sure how that would fall into the category of a club getting sued from a kj using illegally obtained music??

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LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!

It would stand to reason that if the KJ ,or whoever the entertainer was, is not responsible for the license they would bear no liability for the venue not having it.

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I am the ONLY SANE 1 HERE

I edited, the KJ was using illegal burned discs - so that may have been a factor.

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LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!

AhAAAAAAAAAAAAAAAAA!!!!!!!!!!!

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I am the ONLY SANE 1 HERE

Of course there is the other reality, that if you have multiple nights in one location or leave your equipment there and the venue gets seized for any number of reasons (taxes, non-payment lease/mortgage, criminal activity), you could either lose your gear permanently or it could take a long time to get it back. Then there is possible theft/fire. Remember the venue will not tell you they are in trouble.

As with any other business, there are plusses and minuses, and things you have and don't have control over.

One last thing. EVERYBODY has a boss.

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You can be strange but not a stranger

Ain't that the truth.

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Birdofsong

Who would be that stupid to leave their equipment at a venue? If you do, you deserve to lose it.

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I am the ONLY SANE 1 HERE

I'm at our show 7 nights. Not going to break it down just to reset it up nightly. It's been there nearly 20 years with no issues. If you have multiple nights in a row I doubt any KJ would break it all down to reset it up the next night - that's part of the beauty of multiple nights in a row - no tear down or setup except the initial set up & tear down after the nights are done.

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LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!

Do you have an agreement with the club that states that they are liable for any loss or damage to your stuff?

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I am the ONLY SANE 1 HERE

I believe most of Monopoly is in the public domain. You can freely produce look-alike games, and even call them Monopoly. You can use the terminology. Some of the graphics may have been covered by the Mickey Mouse Protection Act, since they were created in the '30s. Normally they would have expired by now if not for that criminal buying of the US Congress....

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[color=#ffff55]Mickey J.[/color]
Alas for those who never sing, but die with all their music in them.
-- Oliver Wendell Holmes, Sr.

It's not the clubs decision that I leave it there, it's mine. I actually had to sign a waiver for there insurance stating the club would not be held responsble. I don't HAVE to leave it there, I choose to. I have had it insured on my own off & on when I can which will cover any loss in the club.

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LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!

This is not accurate.

ASCAP and BMI have a policy to pursue the venue for license fees because the venue, in their words, "derives the ultimate benefit" from the performance. However, they maintain that everyone who participates in a copyright infringement is potentially liable for that infringement. Since that is an accurate statement of the law, it is inaccurate to state, as you did, that "ASCAP cannot sue KJs." They can. They choose not to. They could change their minds later if they wanted.

I asked Kurt about this. The wrong graphic was inadvertently attached to the email. The original, with the Get Out Of Jail Free card with the Uncle Moneybags logo, was intended to show the concept and was not supposed to be in the final design. They have replaced the image that was contained in the email with a corrected image and re-sent the ad.

Here is the correct image, which should have gone out.

Oops. They seem to have a lot of humans over there.....

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Birdofsong

!! Oh, you're good!!

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I am the ONLY SANE 1 HERE

I read here (in one of the Topic Threads a looooong time ago), that ASCAP, BMI, and SESCAP will not sell performance licenses to KJs/DJs who are working in a Venue that does not have the proper licensing. They will not accept money from them (unless they are performing/hosting at a Public Fare (or something similar) where they rented out the space for that event. This was posted by one or two KJs here who stated that some Venues (who weren't paying their dues) wanted to make the KJs pay (or chip in) for them. When these KJs said they contacted ASCAP et al, they were told that they only deal with the Venues directly. If this is the case, how can ASCAP et al name a KJ in a lawsuit if the Venue didn't pay the fees?

I like YOUR post the best so far.

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I am the ONLY SANE 1 HERE