Karaoke Forums

Digital Karaoke, Copyrights, and the Disc Manufacturers

My last post had a response from Bill Smith who stated,

“SoundChoice and Chartbuster came out and stated that they have no problems with a one for one copy of a legally purchased disc, I think I would be moved to initiate that. I also believe it would clear the air one and for all.”

Bill said he was looking for some clarity.

Let me explain the problem a step farther. Stellar Records (Pop Hits), Chartbuster, and SoundChoice have all been sued repeatedly (and some still have pending lawsuits) by various music publishers. Since they are the only pockets deep enough to go after they keep getting hit. The problem is that Karaoke has never been specifically addressed. There is a rule allowing anyone to put out a remake of a song and sell it. The section of the law defines a procedure for what is called “compulsories”. In the early days all the Karaoke companies (the ones trying to be legal) were paying these fees and registering their songs. However, since CDG’s combined active graphics the publishers pointed to a section of the Copyright law stating that it was combining the music and a visual production and thus did not qualify as a “phonograph” recording and compulsories did not apply…? This was the beginning of the end of many Karaoke disc companies. They now must get a compulsory license and for lack of a better term a “Karaoke sync” license. They must get every writer, composer, performer and publisher to agree to allow the track and after that negotiate a contract with each one prior to releasing the track.

The problem is this. SoundChoice, Chartbuster, Stellar etc, get the license and it is defined as for use on the particular Karaoke CDG and it has an expiration date. It is not in the scope of their license to tell you that you can make a copy of the disc in digital format. If they say you can do so, they open themselves up to more lawsuits. There is a great deal of disagreement among the remaining companies as to how this needs to be handled, but the bottom line is they all understand technology and acknowledge that digital copies are going to happen.. They have agreed that as long as you have 1 for 1 copies of the original for every show you do that they will not pursue any course of action. This is the same as with DJ’s using digital tracks and what the RIAA has stated.

After years of very intense discussion and quite a bit of animosity I was able to get Bill Becker, current General Manager of Sound Choice to release this press release: http://www.uskaraokealliance.com/images ... se9-08.pdf. Bill and Sound Choice have been more than reasonable to deal with of late and they are trying to move forward proactively.

However, they can not state it is okay to go digital as it would put them in legal jeopardy, but they have stated that if you have one for one copies for every set of gear that they will not come after you.

So the answer is once again, that we all live in the gray area as digital DJ’s always have and that until it is addressed SPECIFICALLY, there is no hard and set rule. SoundChoice has discussed it with me and the USKA can act as an intermediary for a KJ member and negotiate a way to pay for license certificates for digital content that you do not have discs to support. We have spoken to Chartbuster and Stellar and they are both working on similar programs, but theirs’ are not in place yet.

If we can get even a small portion of the people to pay to make their illegal copies legal this will create a revenue stream for the disc manufacturers and help them to survive and hopefully as we police our own industry we can bust a few people and create awareness that gets the ball rolling.

See http://www.uskaraokealliance.com/Karaoke_Legal_Talk.htm for more info on all of this.

_________________
[img]<img%20src="http://i83.photobucket.com/albums/j288/miller2348/myspace/images/Funny_Pics/images/21.gif"[/img]

CHECK YOUR ATTITUDE AT THE DOOR, STICK AROUND YOU JUST MIGHT HAVE SOME FUN

Let's not confuse the "using" with the "manufacturing" of karaoke tracks.



Re-read the "rules" regarding obtaining a compulsory license and generally licensing music. While it is possible to get a "compulsory license" to recreate the music, there are OTHER roadblocks that keep it from being widely distributed in the form of a "karaoke track." First, the copyright violations of freely and widely distributing the copywritten LYRICS without permission or licensing. And that would be with --or without-- pictures that would classify it as a "visual" product of any sort. Ever notice that some manufacurers include pictures during a bridge, but other companies do not? How do you think Sound Choice got away with re-distributing the Eagles tracks? Because there was no "lyric redisplay" or synchronization of the lyrics with the audio track.

This whole licensing situtation on the part of the manufacturers is far more complex than you might think, but for some reason, everytime the finger is pointed at "getting legal" it's never pointed at any manufacturer... fly-by-night or not.

DJ DANGERUS, it appears that your first link is broken, at least that's what it tells me when I click on it.

P.S. I don't want to offend you, but I have a VERY hard time reading your posts. First, because the color you choose to post in is hard on the eyes, but second and more importantly, that dancing guy at the bottom, while somewhat entertaining the first time you see it, quickly becomes distracting and then just plain annoying. Any chance you could do something about it? Again, I'm not trying to insult, just telling you how I feel.

Here try this link: http://www.uskaraokealliance.com/images/SoundChoiceKaraokePressRelease9-08.pdf

Let me know if these chages are better for you...

_________________
[img]<img%20src="http://i83.photobucket.com/albums/j288/miller2348/myspace/images/Funny_Pics/images/21.gif"[/img]

CHECK YOUR ATTITUDE AT THE DOOR, STICK AROUND YOU JUST MIGHT HAVE SOME FUN

some people's children! Sheesh!

Thanks! That link works and I'm quite impressed with the information.
As for you graphics, much, MUCH better! Not near as distracting, and I'm able to tune it out as necessary. Thanks again!
Pssst: It's very cute, too!
Cheers!

There's alot of info there that I have been trying to say all along.

Hello? Anybody home?....

It amazes me that there are these TWO organizations and it appears that both are incredibly biased against the KJ and in favor of the "manufacturer."

DISCLAIMER:
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Just so no one gets the wrong the idea, I am against illegal activities. Period. But I'm also against getting snookered into signing away your own rights by "joining" any organization without enough information.
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Before anyone gets their hackles up, take a long, hard look not just at what each of the organizations want to accomplish - a noble and very uphill battle for this day and age -, BUT ALSO what they are designed NOT to accomplish.

#1. Both organizations want to make sure that ALL KJ's are operating in a legal form.

#2. Both organization have NO PROVISION for ensuring that manufacturers are operating legally. The only mention (I've seen) from either organization is that thekiaa.org says basically, if a manufacturer hasn't been legal for at least the last FIVE YEARS, then they can't be a member. (big whoop there, doesn't stop the taiwan imports does it?)

#3: Both organizations want the KJ to be able TO PROVE that the libraries they own are legal. ( at thekiaa.org, KJ MEMBERS ONLY must agree to some sort of unspecified redress -a HUGE red flag- when the manufacturer members have nothing similar.)

#4: Both organizations have no reciprocal requirement of PROOF that a manufacturer is selling FULLY LICENSED tracks for KARAOKE use. This means licensing that includes, but is not limited to, the (1) MUSIC, (2) LYRIC REPRINT, (3) MECHANICAL, and (4) SYNCHRONIZATION.

(Sorry, but a simple $15 fee to the copyright office for a "compulsory" license isn't enough.)

What this means to me is that here we have a situation where the KJ is under the microscope, subject to surprise inspections and unspecified redress while the manfacturers simply have to "promise" to play nice and not be held accountable for anything. All for the good of "the industry?"

Pardon my observation, but doesn't something seem a little out of whack here? Is this supposed to be KJ's and manufacturers "working together" to make a better industy? Doesn't look that way on the surface.

And now, the USKA says:


Cute. Now we have the perfect situation for "good cop, bad cop" but when it comes to the manufacturers, there are NO cops.

Anyone see anything wrong with this picture????

Anyone?

Bueler?

Anyone?

C. Staley :
I'm in complete agreement with you.
The thing that gets me is the unspecified redress against KJ's that THEY decide are not in "compliance".
They won't even specify WHAT the penalties are!
As for manus, you are right. Looks like these organizations are NOT for KJs, but are for the MANUs to try and make sure that they aren't getting "ripped off". Meanwhile, there are/were manus like Panorama, and others who didn't/don't pay their royalty fees, and they are worried about "pirates"! Now who's REALLY the pirate, here?
How are we to know that what we purchase is "legal"?
We have to guess!
We have to hope that when we buy our discs that the fees are paid!
And they want to fry the KJs for piracy????
Seems just a little lop-sided to me.
Join up with the KIAA and you have to give them the right to walk in at any time, inspect your library and take unspecified action against you if, for some reason, they decide you aren't up to snuff. Anything can happen. What if I can't find a download receipt? What if I can't locate a particular disc, though I know I have it (I have a 5 year old who likes to hide things then forget where she put them)?
NOT A CHANCE would I EVER sign away my rights like that. It's tantamount to telling the police they can enter your home at any time they feel like, to check if you have anything illegal going on.
I would have to be out of my mind to agree to something like that.
If they want to look at my library, they can go through proper legal channels and get a search warrant. NO, I have nothing to hide, but I value my legal rights.
NO WAY would I ever join either organization.
I might consider one that was fair and properly and CLEARLY set up FOR KJs with clear and detailed SPECIFIC rules. But not anything like what's offered here.