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Terradog
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Posted: Wed Feb 13, 2008 5:19 pm |
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Joined: Wed Feb 13, 2008 5:08 pm Posts: 2 Location: Tallahassee, FL Been Liked: 0 time
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Hey there everybody...I've been lurking around this forum for quite awhile, and I decided to register because I have an issue that's driving me crazy because I can't find a decent answer from internet searches...
I'm looking into starting a wedding singer business and want to use karaoke tracks as my backing tracks. I also want to make sure I do something I make money off of legally.
That being said, from what I understand, people are able to legally perform songs and play songs in public as long as the venue has paid its ASCAP garbage or whatever. But, my issue is, that I would like to use legally downloaded songs I paid for, like Sound Choice from iTunes or THM from Tricerasoft to sing over at paying gigs. Is it legal for me to do this? Copyright law drives me out of my skull...any thoughts?
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sidewinder
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Posted: Wed Feb 13, 2008 5:25 pm |
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Just do it. You will be facing the same obstacles as everyone else that is using a computer to run music.
This should not by any means be considered legal advice. ![Surprise :O](./images/smilies/emot-eek.gif)
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Tigrr27
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Posted: Wed Feb 13, 2008 8:32 pm |
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The advice I had gotten YEARS ago was that weddings were not restricted by music licensing etc because they were PRIVATE performances and not for PUBLIC performance. Unless the bride and groom are charging a cover charge I suppose... in 20 years of doing wedding receptions, I have never had an issue with it so I have always just played by the advice I had been given- private party VS public venue...
tig
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Murray C
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Posted: Thu Feb 14, 2008 3:04 am |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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My best advise would be to consult a lawyer. I don't really think there is anyone here who is qualified to answer such a question.
Yes, one could argue that a wedding is a private party. And I belive that wedding parties and other private parties do not have to pay an ASCAP licence to have copyrighted music played. I would have to agree that if any of the members of the wedding party owned the karaoke tracks, then surely the "personal use of family and friends" would fit the bill. But unless the wedding is for close friends of yours, then it could be considered (especially as you would be getting a fee for performing) that you are not playing the music for your own personal use but for members outside your circle of family and friends... ie members of the general public! You would therefore have to have permission to use the tracks from the copyright holder/s.
Who knows? See a lawyer!
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Murray C
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Posted: Thu Feb 14, 2008 3:13 am |
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By the way, do you already have the karaoke tracks that you are planning to use? If not , you might want to consider using some of the professional backing tracks that are available from various sites. I have many tracks from Jeff Daniels which are very good quality and they are licenced for public performance.. that's a bonus!
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sidewinder
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Posted: Fri Feb 15, 2008 3:38 am |
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Tigrr27 @ Wed Feb 13, 2008 11:32 pm wrote: The advice I had gotten YEARS ago was that weddings were not restricted by music licensing etc because they were PRIVATE performances and not for PUBLIC performance. Unless the bride and groom are charging a cover charge I suppose... in 20 years of doing wedding receptions, I have never had an issue with it so I have always just played by the advice I had been given- private party VS public venue...
tig
But does the fact that you are getting paid make it a public performance? There are people there listening.
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jamkaraoke
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Posted: Fri Feb 15, 2008 5:39 am |
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Joined: Thu Dec 26, 2002 10:54 am Posts: 3485 Location: New Jersey , USA Been Liked: 0 time
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Wouldn't it be the same for a BAND performing covers at a wedding or a DJ playing discs.... Don't worry about it and good luck
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karyoker
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Posted: Fri Feb 15, 2008 6:29 am |
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Joined: Wed Jun 30, 2004 3:43 pm Posts: 6784 Location: Fort Collins Colorado USA Been Liked: 5 times
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Most of the wedding receptions I have done were in rented halls or rented banquet rooms They are not public venues.
If they are doing it in a public bar as long as the ASCAP fees are paid what's the problem? It is not the grooms or hosts responsibility.
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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Terradog
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Posted: Fri Feb 15, 2008 8:15 am |
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Joined: Wed Feb 13, 2008 5:08 pm Posts: 2 Location: Tallahassee, FL Been Liked: 0 time
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I would figure weddings and such are considered private functions. I guess I'm more concerned with say, Sound Choice's panties getting in a bunch over me using one of their songs that I downloaded off of iTunes legally for singing at a wedding (probably a "commercial" use). Well, I know Sound Choice will have a hissy fit over anything, but I'm wondering if they even have legal recourse to punish somebody for doing that without their explicit permission and payment of some license. Do DJs who play CDs or legally downloaded music at their venues have to worry about this crap if the venue has already paid their ASCAP stuff?
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mckyj57
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Posted: Fri Feb 15, 2008 8:41 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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Terradog @ Fri Feb 15, 2008 11:15 am wrote: I would figure weddings and such are considered private functions. I guess I'm more concerned with say, Sound Choice's panties getting in a bunch over me using one of their songs that I downloaded off of iTunes legally for singing at a wedding (probably a "commercial" use). Well, I know Sound Choice will have a hissy fit over anything,
I am not sure they would. They have to give the appearance, certainly, of enforcing the artists rights -- I am guessing that they are attempting to provide the "reasonable care" they promise in contracts. But beyond a couple of letters which have, to me, all the earmarks of CYA, I haven't seen much enforcement action. Quote: but I'm wondering if they even have legal recourse to punish somebody for doing that without their explicit permission and payment of some license. Do DJs who play CDs or legally downloaded music at their venues have to worry about this crap if the venue has already paid their ASCAP stuff?
I haven't heard a thing anywhere about anybody current on ASCAP/BMI licenses who's had trouble with anything. I certainly haven't noticed it posted here. And if it were ever posted, I am guessing you couldn't miss the 96 page thread...
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Dennisgb
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Posted: Tue Feb 19, 2008 12:24 pm |
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Joined: Mon Jun 18, 2007 1:19 pm Posts: 355 Location: Minnesota USA Been Liked: 1 time
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Terradog @ Wed Feb 13, 2008 10:19 pm wrote: Hey there everybody...I've been lurking around this forum for quite awhile, and I decided to register because I have an issue that's driving me crazy because I can't find a decent answer from internet searches...
I'm looking into starting a wedding singer business and want to use karaoke tracks as my backing tracks. I also want to make sure I do something I make money off of legally.
That being said, from what I understand, people are able to legally perform songs and play songs in public as long as the venue has paid its ASCAP garbage or whatever. But, my issue is, that I would like to use legally downloaded songs I paid for, like Sound Choice from iTunes or THM from Tricerasoft to sing over at paying gigs. Is it legal for me to do this? Copyright law drives me out of my skull...any thoughts?
I just saw your post, and thought I would respond.
I have done this a few times, and frankly it worked well. I also had piano for some songs.
This is a public proformance, and if you own the disks is no different than if you were a KJ. The one key difference is that a church is a non-profit organization, and as I understand it, would be excluded from ASCAP licensing.
BTW, I really like your idea. When I did it, it was very well received, I ran my music through a small guitar amp, and sang over the church microphones. You don't need a lot of power for the music, and with the resonance in churches, it's best to have only one sound source, as echo can be a problem with multiple speakers in a church. It really makes your whole system compact too :D
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