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TTowntenor
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Posted: Sat Apr 05, 2008 1:45 pm |
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Joined: Sun Jan 11, 2004 10:43 am Posts: 594 Location: Seattle, WA Been Liked: 0 time
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_________________ [shadow=deepskyblue]I'm impressed, I've never met such a small mind inside such a big head before.[/shadow]
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sidewinder
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Posted: Sat Apr 05, 2008 1:53 pm |
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Joined: Sun Dec 16, 2007 8:49 pm Posts: 1250 Been Liked: 0 time
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Can't wait for 2 and 3.
That's why my location is a secret.
Turn yourself in if you want to.
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TTowntenor
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Posted: Sat Apr 05, 2008 1:55 pm |
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Joined: Sun Jan 11, 2004 10:43 am Posts: 594 Location: Seattle, WA Been Liked: 0 time
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My name is Joe Ritter! Seattle, WA! You just keep on hiding with that little yellow stripe down your back!!!
_________________ [shadow=deepskyblue]I'm impressed, I've never met such a small mind inside such a big head before.[/shadow]
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sidewinder
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Posted: Sat Apr 05, 2008 1:57 pm |
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Joined: Sun Dec 16, 2007 8:49 pm Posts: 1250 Been Liked: 0 time
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When she gets to the part about $150,000 per track you may change your indentity.
That's why Sony is suing CAVs and ACE for 30 million.
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karyoker
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Posted: Sat Apr 05, 2008 2:30 pm |
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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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In a civil lawsuit concerning suing for damages, the court will only award the amount of financial loss proven. First they have to prove there was a financial loss. Unless you are multirigging that would be hard to prove since it isn't fact. One of the 4 main factors of violating copyright laws or being liable for damages is proving a financial loss which comes from distribution.
A copyright bust and trial is held in a federal or district court and millions of dollars are involved. The investigation by the federal agency takes months and costs into the hundreds of thousand dollars. They are not going to spur of the moment walk into a bar and arrest a KJ on suspicion.
Any speculation beyond these bare facts are just that. Speculation and fantasies borne by promulgation of scare tactics, an overactive imagination and ignorance.
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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Cueball
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Posted: Sat Apr 05, 2008 5:20 pm |
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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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I saw something in that article that strikes me as incorrect:
quote: KJ hosts that want to record singers and then give them a recorded copy of their performance for free or for a nominal charge for the service still need to contact the karaoke manufacturers licensing department that you use. Most of the track manufacturers will grant blanket licenses for a small fee. Recording a singer and the music without permission is copyright infringement. Same rules go for videos or any other media. end quote
I've been under the impression that it is not the Manufacturers' permission to give. Am I wrong?
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karyoker
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Posted: Sat Apr 05, 2008 6:00 pm |
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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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One recording DOES NOT require any licenses because it is not distributing.
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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Jian
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Posted: Sat Apr 05, 2008 6:04 pm |
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Joined: Tue Apr 06, 2004 10:18 pm Posts: 4080 Location: Serian Been Liked: 0 time
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cueball @ 6th April 2008, 9:20 am wrote: I saw something in that article that strikes me as incorrect:
quote: KJ hosts that want to record singers and then give them a recorded copy of their performance for free or for a nominal charge for the service still need to contact the karaoke manufacturers licensing department that you use. Most of the track manufacturers will grant blanket licenses for a small fee. Recording a singer and the music without permission is copyright infringement. Same rules go for videos or any other media. end quote
I've been under the impression that it is not the Manufacturers' permission to give. Am I wrong?
Permit from both karaoke manufacturer and song owner is a requirement:
track manufacturer; for permission to us the recorded track.
Song owner; for permission to use the song.
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karyoker
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Posted: Sat Apr 05, 2008 6:22 pm |
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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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Do you want a license? This site is a go between you and the producer. If you will read this page they state one reproduction does not require a mechanical or sync license.
link
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karyoker
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Posted: Sat Apr 05, 2008 6:27 pm |
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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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Do youn want a license? This site gives rates and is the go between you and the producer. If you will read this page they state One reproduction does not require a mechanical or sync license.
Quote: You will usually not need a synchronization license AND a mechanical license for one re-creation. Both cover royalty payments to the songwriter for their composition, but mechanical licenses are for AUDIO-ONLY, whereas synchronization licenses are for video. They are like compliments of each other; one is for audio, one is for video.
link
_________________ Join The Karaokle Singers Social Network. Upload Your Music!!
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johnny reverb
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Posted: Sat Apr 05, 2008 7:21 pm |
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Extreme Poster |
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Joined: Sun Apr 29, 2007 1:05 pm Posts: 3376 Been Liked: 172 times
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This might be what the law says, but in reality.....what percentage of KJs and Djs also.....use original cds?.......it's been virtually un-inforcible for quite some time.....will they come down hard on it in the future?.....I think they might prosecute a few people as examples, hoping to scare as many others as they can. They really don't have the resources to mount an all-out attack on using reproductions at KJ/DJ shows. And at private events, I would think they'd need a court order......JMO
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sidewinder
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Posted: Sun Apr 06, 2008 12:15 am |
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Joined: Sun Dec 16, 2007 8:49 pm Posts: 1250 Been Liked: 0 time
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:banghead:
They can ask for up to $150,000 per song. How many do you want to have?
It says they will confiscate your equipment as evidence. How long would the investigation last? In less than 3 minutes the Microsoft tones start playing and another 2 minutes to open the drive to see the files. :whistle:
Cost of electricity for the investigation? 25 cents
Time to open computer files? 5 minutes
Amount of the trial and lawyer and fines and penaties? Incalculable.
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sidewinder
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Posted: Sun Apr 06, 2008 11:47 pm |
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Joined: Sun Dec 16, 2007 8:49 pm Posts: 1250 Been Liked: 0 time
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Food for thought.
They will confiscate all of your equipment. For evidence. Won't matter if it's yours or the bars. And they will not be asking that question. They just want a conviction.
Ever see a (FBI) police raid?
They will take everything they even remotely think will help their case. That includes your original discs if you have them at the job. They are not going to sit there at the bar and look at each disc to compare it with every song on the computer. They will just grab everything that is there and put it in a evidence bag, with rubber gloves, if it pertains to music. And they won't be gentle about it. May even take the speakers from the wall. At that point it won't matter if you are totally "legal," they will decide that weeks or months after they examine all of the gathered evidence.
With you and the bar owner in custody, next they go to your house and take every computer and every musical related item there. So you will have no equipment and no music to do a any type of a karaoke show. And that could be the last time you may ever see it again.
Point is, if you use a computer, even if your have every original disc, the songs are ripped to a hard drive. I highly doubt if will matter until they conduct a complete investigation. After the seizure.
Having the discs at the job will mean nothing and could even hurt. If they just take the stuff at the bar, and don't go to your house you still have the originals. If they are at the bar, they will have them.
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SwingcatKurt
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Posted: Mon Apr 07, 2008 12:00 am |
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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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One thing that continues to be overlooked in all these discussions on this topic is something SW briefly touched on--the BAR OWNER---anything that happens or goes on inside thier venue-----THEY ARE LIABLE FOR--as they are promoting it, operating it or simply allowing and tolerating it---making them part of the situation. They can be closed up and put out of business too---not JUST the KJ.
_________________ "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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SwingcatKurt
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Posted: Mon Apr 07, 2008 12:08 am |
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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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One recording for your own PERSONAL/HOME use is allowed under fair use act. It has to be done by the individual for that indivual's own, personal use. It does not allow for doing a duplicate recording for someone else(friend, pal, buddy or singer/customer).
If it occurs in a commercial setting(IE AT YOUR SHOW) then it is not under fair use-it becomes part of the COMMERCIAL ENTERTAINMENT SERVICES you are offering, promoting and providing as part of your MONEY MAKING SHOW at the COMMERCIAL MONEY MAKING VENUE(THE BAR) you perform your service at and that financially benefits from your array of services(including recording) that you provide advertise and promote.
_________________ "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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jamkaraoke
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Posted: Mon Apr 07, 2008 7:26 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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Who is SUE SAWER? Is he a lawyer ? or is it just her interpretation >?
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kjmelrose
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Posted: Mon Apr 07, 2008 10:36 pm |
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Novice Poster |
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Joined: Sun Apr 06, 2008 9:12 pm Posts: 28 Been Liked: 0 time
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sidewinder @ Sun Apr 06, 2008 12:15 am wrote: :party: :banghead: Cost of electricity for the investigation? 25 cents Time to open computer files? 5 minutes Amount of the trial and lawyer and fines and penaties? Incalculable.
Seriously, this is what I am talking about! hehehehe but really its not funny it could happen to anyone, and they can be used as the example. Its been done to a few already, and who is to say it wont continue???
I have nothing to hide, I say bring it.
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Murray C
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Posted: Tue Apr 08, 2008 6:18 am |
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Super Poster |
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Joined: Thu Sep 23, 2004 3:50 pm Posts: 1047 Been Liked: 1 time
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Who is the author of the ebay guide you have linked to? Is it a person or company conversant in all aspects of copyright law and qualified to give accurate legal advice? If not, then they are merely another entity expressing their opinions.
The MIPI copyright guide is relevant to Australia. There is no "fair Use" act in Australian copyright law as there is in the USA. I am bringing this to the attention of everybody as I know there will be those reading this and then responding with the "fair use" argument.
Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice.
Need we say more? The Google answer is so general and mixed up that it is almost comical. On one hand it refers to USA law and almost in the same sentence quotes Canadian Law. Sheesh!
"Every commercial play or broadcast of a song requires payment of "mechanical rights":" One should not believe everthing they read on the web! LOL
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