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mckyj57
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Posted: Thu Dec 29, 2011 5:58 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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Agreement aside, the person, and you, have civil and criminal liability as a result. Since it is a burn, it is arguably their right to do so for purposes of singing it, since it might be construed as fair use. Transfer to another, no matter the remuneration or lack thereof, is not fair use.
_________________ [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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c. staley
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Posted: Thu Dec 29, 2011 9:37 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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mckyj57 wrote: Agreement aside, the person, and you, have civil and criminal liability as a result. Since it is a burn, it is arguably their right to do so for purposes of singing it, since it might be construed as fair use. Transfer to another, no matter the remuneration or lack thereof, is not fair use. This has nothing to do with "use" whether "fair use" or otherwise. The singer has to agree or the disc never gets played - period. There is no "civil or criminal liability" in any of this - ever. They are welcome to complain to management all they like about this rule, or even call the cops, it won't get them (or you) anywhere.
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c. staley
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Posted: Thu Dec 29, 2011 9:45 am |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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chrisavis wrote: c. staley wrote: ...because now you are arguing just to argue and stir the pot. (also referred to as "trolling.") @c. staley - With all due respect to your tenure on these forums and as a KJ, you (and many others) are a prime example of someone arguing just to argue. You have made your position perfectly clear yet you repeat it over and over and over. You (and most others) have not offered anything new or insightful regarding the Sound Choice lawsuits since I have been on the forums (a short 3 weeks now). Then you need to go way back in the forums and look for all the information that I've posted along with the "proof" to back it up (that I've paid for) for the benefit of the members here. And "proof" is what seems to be the focal point in these lawsuits anyway - or should I say the "lack of proof." Worse are some cheerleaders here who stalk facebook pages and - when presented with facts - suddenly challenge the source just as they did in Rodney's case where it was simply offered that the person posting could be either lying or just someone else. chrisavis wrote: Again, with due respect, at this point all you are doing is ranting. It has become quite boring and is simply littering the forums at this point.
I am all about free speech and I don't mean to suggest that people on these forums shouldn't speak their mind or express their opinions. We should all be familiar with the phrase "opinions are like assholes and everyone has one". The turning point is when you can't distinguish the <span style=font-size:10px><i>(@$%&#!)</i></span> from the opinion or the individual.
There is no value in repetitive blathering.
-Chris You've been here 3 weeks.... go back and read some history.
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leopard lizard
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Posted: Thu Dec 29, 2011 9:53 am |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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Second City Song
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Posted: Thu Dec 29, 2011 10:32 am |
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Joined: Tue Oct 11, 2011 3:00 am Posts: 192 Location: Illinois Been Liked: 16 times
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leopard lizard wrote: Rude. Just plain rude. Agreed.
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chrisavis
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Posted: Thu Dec 29, 2011 11:25 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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c. staley wrote: You've been here 3 weeks.... go back and read some history. I noted I have only been here 3 weeks. In that 3 weeks you have simply repeated the same thing over and over. I also gave respect to your tenure. My point is this - in the 3 weeks that I have been here, the mindless back and forth ranting between the "I know I am right so stick it!" folks is mind-numbing. As I noted in my "hostility" post in another thread, it is more than enough to turn off new folks who find these forums. It really doesn't matter how much value you or anyone else may have provided in the past. What you and others are doing now is simply going back and forth with "I am right, you are wrong". All parties are simply jockeying for the "I got the last word in!" trophy. Even your reply to me was a defense made up of "what I used to do" vs "what I do now". @leopard and Second City - If the "rude" remarks were toward me, I apologize. I was not intending to be rude. I am just perturbed about the mindless bickering. Some folks here seem to go out of their way to clog the forums with absolutely nothing of any relevant value at all. It is a wonder to me that people have lasted 6 months much less 6 years on these forums. -Chris
_________________ -Chris
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earthling12357
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Posted: Thu Dec 29, 2011 11:29 am |
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Joined: Sat Jan 08, 2011 11:21 pm Posts: 1609 Location: Earth Been Liked: 307 times
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mckyj57 wrote: Agreement aside, the person, and you, have civil and criminal liability as a result. Since it is a burn, it is arguably their right to do so for purposes of singing it, since it might be construed as fair use. Transfer to another, no matter the remuneration or lack thereof, is not fair use. Insightful The original owner of the burn does not have the legal right to transfer ownership of the content on the disc. That fact would void any agreement in which the original owner must surrender the disc to a third party. It's better to agree to destroy the disc and then return it.
_________________ KNOW THYSELF
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Second City Song
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Posted: Thu Dec 29, 2011 11:51 am |
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Joined: Tue Oct 11, 2011 3:00 am Posts: 192 Location: Illinois Been Liked: 16 times
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chrisavis wrote: @Second City - If the "rude" remarks were toward me.....
Eh, no. I appreciated your post very much
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leopard lizard
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Posted: Thu Dec 29, 2011 12:26 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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My post was aimed at Mr. Staley. I felt it was a rude response to Chris's post and didn't appreciate him trying to make someone feel unwelcome because they are a newcomer.
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c. staley
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Posted: Thu Dec 29, 2011 12:42 pm |
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Extreme Poster |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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leopard lizard wrote: My post was aimed at Mr. Staley. I felt it was a rude response to Chris's post and didn't appreciate him trying to make someone feel unwelcome because they are a newcomer. I am the one simply defending myself as well as Rodney. Not trying to make anyone feel unwelcome here. You have to admit that I've been no more abrasive than any of you on these forums. I notice you characterize me as rude but make no mention when Athena accuses Rodney of lying and then questioning his identity after stalking his facebook page. That type of unwelcome behavior must be perfectly acceptable with you when all he was doing was sharing his story is rthat right? If chrisavis would read more history he would find out that while I am very vocal, I also do contribute much more than the recent squabbling he has been exposed to on a limited basis. Do you judge a book by the preface?
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Paradigm Karaoke
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Posted: Thu Dec 29, 2011 1:19 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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mckyj57 wrote: Agreement aside, the person, and you, have civil and criminal liability as a result. Since it is a burn, it is arguably their right to do so for purposes of singing it, since it might be construed as fair use. Transfer to another, no matter the remuneration or lack thereof, is not fair use. but once we play it doesn't fair use go out the window? they can copy it for the purpose of singing it, but we can not play it for them to sing as for us it is for profit, or is there another part that makes it ok?
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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JoeChartreuse
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Posted: Thu Dec 29, 2011 2:21 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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cueball wrote: timberlea wrote: With all the lawsuits, real or otherwise, because some have been dropped, etc, I'm still waiting to see if one "falsely" accused host has countersued SC or CB or any other manufacturer, because of "false" accusations, poor, damaging investigations, etc. Has there been any? Somehow, I seriously doubt that we're going to see that. Unless someone is able to get a Lawyer to work on contingency, it would probably be too costly for any of those falsely accused to counter sue. Cue, I agree, as far as individual hosts are concerned. However, I would bet dollars to donuts that we could see a HUGE class action suit against SC on a contingency basis, probably within a year. Of course, that's just my opinion...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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JoeChartreuse
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Posted: Thu Dec 29, 2011 2:45 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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chrisavis wrote: c. staley wrote: ...because now you are arguing just to argue and stir the pot. (also referred to as "trolling.") @c. staley - With all due respect to your tenure on these forums and as a KJ, you (and many others) are a prime example of someone arguing just to argue. You have made your position perfectly clear yet you repeat it over and over and over. You (and most others) have not offered anything new or insightful regarding the Sound Choice lawsuits since I have been on the forums (a short 3 weeks now). Again, with due respect, at this point all you are doing is ranting. It has become quite boring and is simply littering the forums at this point. -Chris Chris, with all due respect backatya, the repetition is due to having to reply to the repetitive posts on the "other side" of this debate. In other words, Chip is no more repetitive than anyone else here, including myself.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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chrisavis
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Posted: Thu Dec 29, 2011 3:00 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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JoeChartreuse wrote: Chris, with all due respect backatya, the repetition is due to having to reply to the repetitive posts on the "other side" of this debate. In other words, Chip is no more repetitive than anyone else here, including myself. No one is mandated to reply. -Chris
_________________ -Chris
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birdofsong
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Posted: Thu Dec 29, 2011 3:17 pm |
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Joined: Sun Mar 08, 2009 9:25 am Posts: 965 Been Liked: 118 times
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chrisavis wrote: JoeChartreuse wrote: Chris, with all due respect backatya, the repetition is due to having to reply to the repetitive posts on the "other side" of this debate. In other words, Chip is no more repetitive than anyone else here, including myself. No one is mandated to reply. -Chris That is an easy position to take when you aren't the one being attacked.
_________________ Birdofsong
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SwingcatKurt
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Posted: Thu Dec 29, 2011 9:36 pm |
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Joined: Thu Dec 25, 2003 10:35 pm Posts: 1889 Images: 1 Location: portland, oregon Been Liked: 59 times
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Fair Use--PERSONAL USE ONLY.
COMMERCIAL USE NO.
PERIOD.
That's all there is to it.
Regardless if it's a customer burn or other, as soon as it's played in a commercial setting(bar, etc) it no longer is allowed under fair use.
Simple.
End of discussion.
_________________ "You know that I sing the Blues and I do not suffer fools. When I'm on that silver mic, it's gonna cut ya, just like a knife"-The SWINGCAT
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mckyj57
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Posted: Thu Dec 29, 2011 11:19 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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Paradigm Karaoke wrote: mckyj57 wrote: Agreement aside, the person, and you, have civil and criminal liability as a result. Since it is a burn, it is arguably their right to do so for purposes of singing it, since it might be construed as fair use. Transfer to another, no matter the remuneration or lack thereof, is not fair use. but once we play it doesn't fair use go out the window? they can copy it for the purpose of singing it, but we can not play it for them to sing as for us it is for profit, or is there another part that makes it ok? It's a bit of a conundrum, but I think it works out this way. Since at least a major part of the entertainment value of karaoke is the entertainment of the singer themselves, I would argue it's fair use. And since the songwriter is (theoretically) being compensated by ASCAP/BMI/SESAC, there should be no deficit. The manufacturer was paid by the singer, and the songwriter by the venue.
_________________ [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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JoeChartreuse
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Posted: Thu Dec 29, 2011 11:31 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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chrisavis wrote: JoeChartreuse wrote: Chris, with all due respect backatya, the repetition is due to having to reply to the repetitive posts on the "other side" of this debate. In other words, Chip is no more repetitive than anyone else here, including myself. No one is mandated to reply. -Chris Also, no one is mandated to repetitively post what others consider misinformation. A two way street at best...
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Cueball
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Posted: Fri Dec 30, 2011 12:51 am |
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Joined: Sat Oct 20, 2001 6:55 pm Posts: 4433 Location: New York City Been Liked: 757 times
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SwingcatKurt wrote: Fair Use--PERSONAL USE ONLY.
COMMERCIAL USE NO.
PERIOD.
That's all there is to it.
Regardless if it's a customer burn or other, as soon as it's played in a commercial setting(bar, etc) it no longer is allowed under fair use.
Simple.
End of discussion. I disagree... I am the customer, and I am using that disc for my personal use. I am not making any commercial gain from it's use when I ask the KJ to play it. If you (the KJ) choose not to play my disc, than so be it.
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Paradigm Karaoke
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Posted: Fri Dec 30, 2011 2:47 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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that is exactly what i am getting at Cue. if i play your disc, it would, in my opinion, be fair use as you are not profiting form it. however, as I am profiting from playing your disc it becomes commercial use on my end and SC can and will sue me for it. so for you to ask me to play your disc is asking me to break the law and get myself sued. i do not, for the record, agree with this way of things. but i do see so many singers coming in with torrent rips that it is a bigger problem than the hosts buying loaded drives. for every one host with stolen songs there are hundreds of singers with stolen downloaded songs. so i do see the other side of things as well.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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