Karaoke Forums

Just thought it would be a good idea to post what is required if you wish to run media shifted files at your shows.

If you are running a computerized show it is in your best interest to ask for (and pay for) a proactive audit to prevent your company from being named in a lawsuit.

If you choose not to do so you will have opportunity to prove that you are 1-1 compliant during the discovery process.


What is Sound Choice’s policy on transferring songs off the original disc and onto a computer or CAVS machine?

The complete format/media shift policy with Sound Choice is that: In the absence of written permission to perform a media/format shift from CDG to a hard drive based system, you are subject to investigation and notification of infringement (whether by letter of intent to sue or by a notice of a suit being filed or by being served in a lawsuit). However, IF you can prove that you have all the original legal discs in your possession prior to AND at the time of the investigation and continuing through the audit, then you will be dropped from whatever legal action is being contemplated or taken.
If you intend to format or media shift the song tracks from a CDG to a hard drive system (a lap top computer, for example), subsequent to a possible audit, we will issue you a “Covenant Not to Sue” document for making the shift (and creating a new copy), which requires that you do not use the discs, but keep them in your possession and that you have a 1:1 relationship between the songs files on your computer and the songs on the original discs. (In other words, you can’t create a new copy and then sell the original discs and you can’t have any music on your computer for which you did not buy and still own an original disc). We also will try to arrange audits IN ADVANCE of any actions by Sound Choice for those that want to prove compliance and legitimacy without having to be prompted or investigated as the motivation.



1. Neither Slep-Tone not any of its associated companies has ever authorized media-shifting or format-shifting of its accompaniment tracks for any commercial purpose. Slep-Tone does, however, tolerate media-shifting and format-shifting under very specific conditions.
2. Slep-tone's conditions for tolerance of media-shifting and format shifting include, without limitation, that (a) that each media-shifted or format-shifted track must have originated from an original, authentic compact disc; (b) that the tracks from the original, authentic compact disc be shifted to one, and only one, alternative medium at a time; (c) that the KJ maintain ownership and possession of the original, authentic compact disc for the entire time that the media-shifted or format-shifted tracks are in existence; (d) that the original, authentic compact disc not be used for any commercial-purpose while its content has been shifted; and (e) that the KJ notify Slep-Tone that he or she intends to conduct or has conducted a media-shift or format-shift, and submits to a verification of adherence to Slep-Tone's policy. Media-shifting or format-shifting that occurs outside the conditions of tolerance described above is entirely without authorization or tolerance and as such is illegitimate.
3. Media-shifting or format shifting that occurs outside the conditions of tolerance described above is entirely without authorization or tolerance.

For more information you can visit hxxp://www.thekiaa.org/ (replace xx with tt) KIAA also has links to ChartBusters website.

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

This forum just makes me laugh sometimes

She's not a spokesperson for sound choice. She's simply brainwashed.

No you didn't think! No part of this is binding on SC therefore is of no help to KJs. It is simply a list of what you thought SC wanted the hear! So write them a letter.

Workman,
Just curious what makes you think anything has to be binding ? SC owns the rights therefore they get to make the rules.I posted this here so there is no question as to what is required just in case anyone did not read the inserts put in every disc since 2007....sorry if you do not like it but we all have to deal with rules we may not like in life that just are.

If anyone does not like this option there are others. Spin your disc's or as Chip likes to say don't use products that have these rules. There are always options. Just realize if you choose not to ask for a proactive audit and are using media shifted files you most likely will be named in a lawsuit.

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

For those that want to know the TRUTH:

1. SC sues for Trademark Infringement.
2. SC does not sue for MEDIA/FORMAT shifting.
3. SC has encoded their Trademark as a DIGITAL part of the DIGITAL GRAPHICS code on a DIGITAL CD in compliance with industry standard. (i.e. MediaCloq was NOT industry standard and the company in France that was responsible for engineering this got their as@@es handed to them in a lawsuit by Phillips.)
4. SC authorizing a MEDIA/FORMAT Shift of their TRADEMARK does not mean that SC, now, has, somehow, magically obtained the RIGHTS to authorize you, the KJ, to MEDIA/FORMAT shift a track from any CD.
5. SC may have a license for this and a license for that, but the FINAL WORK is in the DIGITAL REALM of Computers as it is ONLY DIGITAL EQUIPMENT that can read a DIGITAL CD.

Therefore, any SC "policy" doesn't affect any KJ.

You know exactly what I mean you wanna-be! Whatever SC posts is binding on them but what you post is heresay!

Workman,
What I have posted here is exactly what SC has posted many times and can be found on the SC website as well. Anyone who wishes it to be "binding" is more than welcome to take a screenshot there or even email them directly and get the same info. It is also the same info found on the KIAA website.This thread was started as a service to KJ's that may find this forum. Yep I'm a wanna-be alright a wanna-be helper

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

wanna-be SC is more like it!

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?

_________________
You can be strange but not a stranger

Timberlea,

As of this date with all the lawsuits that have been filed, not one person has filed any countersuit against any manufacturer.

With all the people that have been named in numerous lawsuits there have been very few "dolphins" caught in the net.

In all truthfulness the majority of those who are named do not even take the time to respond and this can be verified by anyone wishing to research the cases using Justia or RFC as I have.

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

Thanks for your point of view KJ Athena. But that is what SC wants you to believe, NOT the law.

If you can show me the paragraph in the law that covers media-shifting and basically repeats your OP, THEN I'd take it serious. Problem is, there is NONE!

So please refrain from posting your truth and make it sound like this is what everybody HAS to do, it's not. And for everyone just chiming in, PLEASE ignore this incoherent posting from Athena, thanks!

Yes people, listen to the naysayers and end up being sued....after all what do they care, it is you that will end up with the hassles and possibly paying the costs not them right ? I credit most who find this post with the intelligence to think things out....you all have the chance to avoid any problems before the fact if you choose not to do so then it is by your own choice that you end up involved in a lawsuit.

Bright Blessings Everyone

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

I do have all my ducks in a row. I'm not afraid of a law suit. Let them come...

Now if someone is a pirate, well let's see... In the past, those that were pirates settled with SC for a ridiculous low amount (compared to buying all the original disks, like I and others did). And they now continue business as usual and laugh about it!

<sarcasm>Thanks SC for fighting piracy!</sarcasm>

If you think about it, this is the best thing that could have happened to pirates! And that's sad!

I wonder if Sound Choice just sued a media-shifter who in fact has all the discs then decided to settle for just money instead of letting them off the hook?

It looks like to me, after reading the OP post, and material from the link provided, that they could sue just for making a copy of the trademark.

So just by making a copy of their tracks, Sound Choice is within their rights to come after someone for monetary judgement, no matter what.

Yeah and I paid much more for my Laser dics than you ever even thought about paying for CDG's....If anyone wants the Gems they can go directly to Sound Choice and purchase them for less (and get the entire set not just the main set) prior to being named and even get free financing ....Someone who wants to do it right still gets the best deal and they don't have to worry about being sued.

_________________
"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

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.

This is how it seems to me. While some may feel that the basis for suing wouldn't hold up, until it is thrown out then it is still being used as a basis for suing. It is happening. If someone wishes to fight it, then fight it but don't tell others to ignore it as they may lose alot if they follow that advice.

A court case has been won in the past that gives people the right to media shift/copy music for their own personal use. (Sony vs. Diamond). But that case specified that commercial use would have to be decided separately. While many are of the opinion that a commercial case would have that same outcome there is no case that I know of to point to yet. So show the case that says it is okay. I have only read opinions where it is presumed commercial would be okay based on the outcomes of some cases that still did not specifically apply to commercial. Do we have the right to buy a DVD of "Star Wars," copy it to a computer and broadcast that to a bar for money, even if we own the DVD? Other products than karaoke have terms of use attached. Does everyone just say how dare they and run their own little profit movie theaters anyway all the while taunting the movie studios to "Come and get me?"

Oh my God, Athena...just because you've swallowed the Kool-Aid doesn't mean you need to come across like some authoritative spokesperson to get the rest of us to do it. I consider you an authority of NOTHING. Please stop telling people what to do. If people want information, they'll get it from the source. These "stickies" and "reminders" are not sanctioned by anyone but your own self-interest in forwarding the corporate line.

I find it offensive that you're telling me (and everyone else here) that it is in our best interest to submit to what I consider to be a gross breach of privacy based upon the premise that since I paid money for a product from a Karaoke manufacturer that they should have the right to strip search me forever more. No freakin' way. I will make coasters out of every $29.95 disc I ever purchased, and let me tell you, there are a lot of them. This is not the government -- not law enforcement, and not even the courts at this point...this is a KARAOKE MANUFACTURER. I don't need any product that badly. EVER. I will never use another Sound Choice disc. Shame on them for punishing their customers and shame on you for promoting it.

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Birdofsong

I still don't understand why people get in a tizzy for what Sound Choice is doing to people who copy their product for commercial gain.

Why would someone use the $30 disc for a coaster? Just use it as it was meant to be used, in a disc player.

Does anyone here who has media-shifted their CDGs bring their discs to the show just to prove that they have the discs at hand but still run the songs off a computer? It appears to me that if one does, they still have to get permission to make/use the copy.