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Can I transfer/sell the S Choice library to somebody else?
https://mail.karaokescenemagazine.net/forums/viewtopic.php?f=26&t=23611		 Page 1 of 1
Author:  birdman123 [ Sun Apr 15, 2012 1:08 pm ]
Post subject:  Can I transfer/sell the S Choice library to somebody else?
I'd rather remain somewhat anonymous while asking this question if that's ok.

Years ago when I started my karaoke biz I bought my original discs from a buddy that was going out of the business. I fairly quickly started transferring everything to a digital format. I was nearly done with all the music transfers when one night while loading out all of my discs were stolen. I didn't think much about it as most of it was done.

Fast forward to this fun stuff that Soundchoice is doing. I got caught up in it and my explanation of my missing discs fell on deaf ears. I did the settlement with them and got the library they offered, the stickers you put on your hd, etc...all good.

I'm considering leaving the biz and selling everything lock, stock and barrel. I've looked at my settlement papers with a fine tooth comb and for the life of me I can't see much of anything in there about selling the library to a third party, etc. Let me be very specific...I'm talking about selling another person the discs that SC sent to me, NOT a copy of my library. I am NOT wanting to sell anyone a copy of my library.

I thought there might be someone else that has gone through this that might be better at reading legal-eeze than me. I also thought of dropping the lawyer that I worked with an email but the thought of having unwanted attention for something that I don't even know I want to do would be stupid.
Author:  c. staley [ Sun Apr 15, 2012 1:23 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
My suggestion is to simply get your own attorney to look over what you can and cannot do with your contract and your future plans.

No one other than your own attorney has your best interest in mind.

I don't understand when you say you want to sell "lock, stock and barrel" then say you don't want to sell your library.... which is it?
Author:  jclaydon [ Sun Apr 15, 2012 1:26 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
There should be clauses in the agreement you signed that basically say its ok to sell to a third party BUT

1. You must notify Sound Choice of the Sale
2. The party you sell to has to sign the GEM leasing agreement and abide by the same terms


hope that helps

-James
Author:  birdman123 [ Sun Apr 15, 2012 1:29 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
Thanks James...I'm going to look at it again. I wouldn't be surprised if they tell me what I can or can't sell it for...lol
Author:  Smoothedge69 [ Sun Apr 15, 2012 2:26 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
birdman123 wrote:
Thanks James...I'm going to look at it again. I wouldn't be surprised if they tell me what I can or can't sell it for...lol

If you need more information, I would suggest asking Harringtonlaw. He is their lawyer.
Author:  kjathena [ Sun Apr 15, 2012 2:43 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
Birdman123,
If you are selling your business whole, To my understanding the answer does depend on if you received the GEM series or the Pre-gem settlement package. If it was the pre-gem disc package then you can sell the discs and converted files to anyone you choose and just notify SC of the sale and give the buyer a bill of sale. If you received the GEM series then both yourself and the buyer must contact CS and sign paperwork stating that you are relinquishing your lease and the buyer is accepting all rules and stipulations of the lease. I do think you must sell the Computer or HD that the stickers are attached to with the GEM as a part of the sale however. In either situation you can not keep a copy of the files even for home use. I do not think they will care what you sell your system/software for.I hope this was useful. You can also call SC on Monday and ask for a step by step walk tru

Athena
Author:  birdman123 [ Sun Apr 15, 2012 3:51 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
Thanks everyone...looks like there are definitely some options so that's good to know. I appreciate it...
Author:  JimHarrington [ Sun Apr 15, 2012 8:19 pm ]
Post subject:  Re: Can I transfer/sell the S Choice library to somebody els
Smoothedge69 wrote:
birdman123 wrote:
Thanks James...I'm going to look at it again. I wouldn't be surprised if they tell me what I can or can't sell it for...lol

If you need more information, I would suggest asking Harringtonlaw. He is their lawyer.


Not only that, I actually wrote the license agreement that governs this, if it's a GEM series.

Birdman, the fact that you're asking the question is a good sign for us, and so I'd encourage you to send me an email - jharrington (at) harringtonlawpc (dot) com - to discuss the protocol.

If your settlement package consisted of non-GEM CD+Gs, then you are free to dispose of those CD+Gs as you like, as long as you have paid your settlement in full.

If it's a GEM series package, generally, the rules for transfer are:

1) Transfer at any price you like. That's a free market transaction.
2) Your buyer must accept the terms of the GEM license.
3) Your buyer must not be a defendant in a current lawsuit by SC.
4) You can choose to transfer the hard drive to the third party, or not, but if you do not, you must delete the tracks from the hard drive.
5) There is a form for this--it's called the "Certificate for Conveyance of Sound Choice Licensed Media" and it is available by calling SC at the toll-free number on their website.
6) You may not convey your license to someone else if you are still paying for it (or paying on a settlement agreement with SC), unless paying off the balance is part of the transaction.

We're sorry to hear that you are getting out of the business, but we understand that it can sometimes be the best choice for you. We wish you the best of luck going forward.
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