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Lisah
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Posted: Sun Feb 01, 2009 2:46 pm |
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Joined: Mon Jan 19, 2009 10:07 pm Posts: 607 Been Liked: 1 time
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It does get all too confusing.
I just do my best to be as legal as I can. They say that ignorance is no excuse for committing a crime...but it seems there isn't really a specific law for this in the first place. I figure, if I buy ONE original, copy it to ONE hard drive, store the original in a safe place, what's the difference if I'm playing the hard drive version or the disc? AND I solve a couple of problems...theft and damaged discs...both of which make it easier to stay in business and afford more discs..which in turn helps the manufacturer...
Then there's the 'public performance' thing..
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Lonman
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Posted: Sun Feb 01, 2009 2:49 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Lisah @ Sun Feb 01, 2009 3:28 pm wrote: Those sleeves are not the best, I agree. These are the plastic ones, with two sleeves per envelope, front and back. But what other way to carry them? CD books are too cumbersome and I'd have to have an awful lots of those books to store 700 disc's. And yes, where I have to set up...the limited space...is a problem because I have no room other than my table, that faces the crowd, to set my case on. http://www.pssl.com/Odyssey-Pro-Case-CD ... ---------sTHis is what I used when I was mobile, with the slimline jewel cases - 2 protected discs in one standard jewel case spot. Granted it only hold up to 600 cds this way, but at the time I didn't have much more than that. This way you can fold down the lid when not around & in between songs if you need to mingle. Anyway, regardless.....this won't be an issuse anymore. Quote: There is one venue where I know the owner stopped paying his ascap. He actually put us on 'leave' for a few weeks when ascap came by and checked him out so that he could say he didn't have any music other than non-cover bands.
Does he have a tv? Does he pipe music in through a radio at all? He does realize he has to pay even if he don't have music & a simple tv playing?
This guy sounds pretty clueless.
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Lonman
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Posted: Sun Feb 01, 2009 2:52 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Lisah @ Sun Feb 01, 2009 3:46 pm wrote: It does get all too confusing.
I just do my best to be as legal as I can. They say that ignorance is no excuse for committing a crime...but it seems there isn't really a specific law for this in the first place. I figure, if I buy ONE original, copy it to ONE hard drive, store the original in a safe place, what's the difference if I'm playing the hard drive version or the disc? AND I solve a couple of problems...theft and damaged discs...both of which make it easier to stay in business and afford more discs..which in turn helps the manufacturer... Unless someone actually starts to enforce it & demands proof on the spot of your originals. I always keep my discs with me still, not only for proof but for back up purposes in case the computer crashes (although got a second laptop for that now). Quote: Then there's the 'public performance' thing..
This is responsibility of the club only, not you! But if they don't pay it CAN reflect back to you as well!
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Lisah
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Posted: Sun Feb 01, 2009 2:59 pm |
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Joined: Mon Jan 19, 2009 10:07 pm Posts: 607 Been Liked: 1 time
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Quote: There is one venue where I know the owner stopped paying his ascap. He actually put us on 'leave' for a few weeks when ascap came by and checked him out so that he could say he didn't have any music other than non-cover bands. Does he have a tv? Does he pipe music in through a radio at all? He does realize he has to pay even if he don't have music & a simple tv playing? This guy sounds pretty clueless.[/quote]
He does have a couple of tv's...big screen that I plug into and another at the far side of the bar. He has a jukebox, but he doesn't own it so I assume that whoever does, pays the fee. And suffice it to say... this place isn't the highest class joint I've ever been to.
I like that case..thanks for the link. Hopefully I won't need it soon though.. I am going to finish up this computer thing and stop using discs.
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Southern_nights_ent
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Posted: Sun Feb 01, 2009 3:52 pm |
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Novice Poster |
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Joined: Sat Jan 31, 2009 10:09 pm Posts: 10 Been Liked: 0 time
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This is the info I got from
KAPA Anti-Piracy Agency
http://www.karaokeantipiracyagency.com/faq.html
If I own my own discs, can I load them onto a hard drive to play them in a show, etc.?
No, you MAY NOT load songs from other manufacturers on your hard drive. The licensing rights for music on a hard drive machine exist only between the machine manufacturer and the music provider. These rights do not extend to the owner of the machine, to load songs from other manufacturers on the hard drive player. Copying the discs on to a hard drive is still copying the discs. Legally, it is absolutely no different than burning a copy of the discs. In order to copy your discs on to your hard drive, you have to have the written permission of the company that produced the discs and owns the copyrights.
What companies license their music for play on a hard drive?
Licensing agreements for content are individual agreements with the any hard drive player manufacturers. As of July 1, 2005, there are no known agreements with any active karaoke music manufacturing company. If you consider purchasing any system with music produced by any other manufacturers, it is highly likely that the music has been illegally copied onto that hard drive. Make sure that you ask for, and get a copy of the licensing agreement between the machine and music manufacturers prior to purchasing the player.
I am still confused about this. I was all set to run my show with computer but when I saw this I purchased a Numark player.
I do know from ASCAP that is a venue you are playing at does not have a licence paying ASCAP for the rights to play music at thier place the KJ or DJ is not responsible for this if he does not know and he does not have to check. This came from the legal dept of ASCAP.
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Lonman
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Posted: Sun Feb 01, 2009 4:17 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Right & if you look at the actual copyright date of the webpage, it's from 2006. They are probably telling you facts, but have not one case where it has been enforced. The cases they do cite on their 'busts' are all multi-riggers & hard drive sellers - ie makes a copy after copy & sells a HD with multi thousand songs on it. Not one case with a user that bought their discs & transferred to a computer (again 1 set of original discs PER computer).
I don't know of any company that licenses use on hard drive for commercial use. Sound Choice does offer downloads now, Pop Hits Monthly sells an mp3g disc set - this may be for commercial use - not sure. But even if so you wouldn't get a very large collection. Just continue to purchase your discs, never put any thing on the one computer that you don't have a disc for & don't run more than 1 show unless you have a completely different/invidiual set of discs PER computer & you shouldn't have any problems. Well then make sure the clubs you play are paying their publishing fees, but that should be done anyway.
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Lonman
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Posted: Sun Feb 01, 2009 4:20 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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Southern_nights_ent @ Sun Feb 01, 2009 4:52 pm wrote: I do know from ASCAP that is a venue you are playing at does not have a licence paying ASCAP for the rights to play music at thier place the KJ or DJ is not responsible for this if he does not know and he does not have to check. This came from the legal dept of ASCAP.
But if the club isn't paying & they decide to come in, see that you are running computer, then stuff might start flying. There was a bar in Spokane a year or two ago that wasn't paying & the karaoke company use using a computer, this went into the legal system, although never did hear any resulting verdict on it.
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karyoker
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Posted: Sun Feb 01, 2009 4:44 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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Quote: But if the club isn't paying & they decide to come in, see that you are running computer, then stuff might start flying. There was a bar in Spokane a year or two ago that wasn't paying & the karaoke company use using a computer, this went into the legal system, although never did hear any resulting verdict on it.
And you never will. The ones subject to copyright laws are those paying fees to use works, reproduce and distribute for profit. If manus can not prove monetary loss then they will not even sue or federal agencies will not even spend the money to investigate. The federal courts are coming down on the side of consumers even with RIAA involving public performance or frivulous lawsiuts concerning copyrights. This is America.
Most in Greeley now have over 50k songs. They still not can compete with a pro system. All I have is 13k and it is still the best selection in town.
BTW I could get all these illegal songs but refused out of pride and a sense of professionalism.
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ripman8
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Posted: Sun Feb 01, 2009 5:47 pm |
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Joined: Sat Nov 15, 2008 6:34 pm Posts: 3616 Location: Toronto Canada Been Liked: 146 times
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Lisah @ Sun Feb 01, 2009 4:02 pm wrote: And that was my question... legal? I am in the process of transferring all karaoke to hard drive...my company owner is wary of doing this because of the legalities. But I am sick to death of replacing damaged and stolen cd's. We have so many disc's, that I use a dj case packed with the cd envelopes (two disc's to an envelope). No matter how diligent I am, some how every now and then someone grabs a few of the envelopes and gets themselves some karaoke! Last week someone 'grabbed' 10 of the envelopes (on two different nights) and now I am having to replace 20 karaoke discs... this is not cheap as you know!! I really want to stay completely legal since my company is well-known and considered the best by most in this neck of the woods. We have a high profile and I don't blame my company owner for wanting to stay on the up 'n up. This is a loved job for me, but I won't starve if I lose my job, however my boss...would lose everything...this business has been his entire livelihood for the past 25 yrs. Sad part is, he is no where near being able to retire. For the love of money? NOT! It's for the love of music!
Lisa, you can always come work for me! Seriously, it doesn't sound like there is any precedent for this. If it was considered illegal or immoral, wouldn't it be wrong to even have karaoke hosting software?
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karyoker
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Posted: Sun Feb 01, 2009 5:54 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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3715 35th st Evans Colorado.. Pack a lunch and bring two big guys . Our security is former Navy Seals. The owner has an uncle in Kansas City.
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Southern_nights_ent
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Posted: Sun Feb 01, 2009 5:59 pm |
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Novice Poster |
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Joined: Sat Jan 31, 2009 10:09 pm Posts: 10 Been Liked: 0 time
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I went onto the site for Compuhost (Karaoke software) and they sent me to a link telling me I need to investigate the issue myself as not to break the law. I guess it's like a gun you can own it but don't shoot anyone.
You would think one of the software companies would get a definitive answer about the law so more would feel better about using their software.
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Lonman
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Posted: Sun Feb 01, 2009 5:59 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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ripman8 @ Sun Feb 01, 2009 6:47 pm wrote: If it was considered illegal or immoral, wouldn't it be wrong to even have karaoke hosting software?
It's not necessarily illegal to own something, it's the use.
But every single manu of hosting software target their audience to commercial use, so if it came down to legal action, I think you could include the manus & their marketing as well. MTU feels so confident that they will pay for legal fees if one of their users ever gets nailed for using their program provided the user has a disc for every song on the computer & doesn't have anything else that they do not own - even one song.
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ripman8
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Posted: Sun Feb 01, 2009 6:02 pm |
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Joined: Sat Nov 15, 2008 6:34 pm Posts: 3616 Location: Toronto Canada Been Liked: 146 times
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Lonman @ Sun Feb 01, 2009 7:59 pm wrote: ripman8 @ Sun Feb 01, 2009 6:47 pm wrote: If it was considered illegal or immoral, wouldn't it be wrong to even have karaoke hosting software? It's not necessarily illegal to own something, it's the use. But every single manu of hosting software target their audience to commercial use, so if it came down to legal action, I think you could include the manus & their marketing as well. MTU feels so confident that they will pay for legal fees if one of their users ever gets nailed for using their program provided the user has a disc for every song on the computer & doesn't have anything else that they do not own - even one song.
Well, that's nice of them. I wonder if CH does that.
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BamaRob
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Posted: Sun Feb 01, 2009 6:15 pm |
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Joined: Fri Aug 01, 2008 9:37 pm Posts: 179 Location: Birmingham, AL Been Liked: 0 time
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Every software company, manu, etc has to cover their butt with legal speak. As with anything in a lawsuit happy judicial system. Here's a challenge, someone show even one single verified case (with a verdict) in the US with the following parameters:
The club (not the KJ) has paid their fees accordingly.
You purchased and maintain original copies of the discs.
Downloaded music has receipts or documented evidence of purchase.
You have used them in normal shows, not illegally downloaded or distributed electronic copies.
Ok, someone show one case! Anyone? Anyone?
Their is no law specifically governing against it. Sorry, not illegal. They don't come after an individual KJ. People who copy and sell hard drives preloaded for the purposes of distribution are a different story.
Again, we're over thinking here people, just be on the up and up and you're fine.
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karyoker
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Posted: Sun Feb 01, 2009 6:25 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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Everybody here give me your city and I will contact the local BBB and see if you are legal.
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Lonman
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Posted: Sun Feb 01, 2009 7:03 pm |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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karyoker @ Sun Feb 01, 2009 7:25 pm wrote: Everybody here give me your city and I will contact the local BBB and see if you are legal.
WHat does the BBB have to do with being legal. I am & have no record with the BBB. I have a business license, tax id, pay my employees & report their taxes & get 1099 from my clubs, pay for all my discs & equipment, do not bootleg multi systems.
Am I not legal because I am not affiliated with the BBB? I think I am!
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Jian
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Posted: Sun Feb 01, 2009 7:18 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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OP:
Here is a link that I find to be of interest
http://thekiaa.org/anti-piracy.html
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Gryf
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Posted: Sun Feb 01, 2009 8:28 pm |
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Joined: Sat Jun 21, 2008 9:09 pm Posts: 493 Location: Garland, Tx Been Liked: 3 times
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Lonman @ Sun Feb 01, 2009 9:03 pm wrote: WHat does the BBB have to do with being legal. I am & have no record with the BBB. I have a business license, tax id, pay my employees & report their taxes & get 1099 from my clubs, pay for all my discs & equipment, do not bootleg multi systems. Am I not legal because I am not affiliated with the BBB? I think I am!
The fact you're incorporated (or an LLC) does a lot to bolster your credibility as well as adding that layer of protection from anyone going after you. Now I haven't heard of anyone getting nailed for copyright while running a show but I did have a friend who had a guy chip a tooth on a microphone and sue him for the dental bills. Since it was a guy running on his own, no business paperwork and no corporate veil the court put a lien on his house until he paid off the dental bill (The guy got matching porcelain crowns for his front teeth very $$$$).
I would advise everyone pay the $310 to get at least an LLC, and just pay the franchise tax on it. It's cheap insurance you don't lose more than your rig should something happen legally. Again, just my opinion and your mileage may vary
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Lisah
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Posted: Sun Feb 01, 2009 9:46 pm |
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Joined: Mon Jan 19, 2009 10:07 pm Posts: 607 Been Liked: 1 time
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It was pretty weird, ASCAP called our office and asked if we were playing at that bar...they had just let us go (for a few weeks for 'cleaning' ) the day before so we told ASCAP that...and they just said 'thank you, that's all we needed to know' and that was that... three weeks later the bar brought us back.
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DJ DANGERUS
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Posted: Sun Feb 01, 2009 10:08 pm |
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Joined: Tue Oct 28, 2008 12:42 pm Posts: 246 Been Liked: 1 time
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For the most up to date info on Karaoke piracy goto: http://www.thekiaa.org and if you are looking for leagal mp3g mp3+g karaoke downloads goto: http://www.mp3gmusic.com
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