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DJ DANGERUS
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Posted: Fri Mar 26, 2010 1:07 am |
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Joined: Tue Oct 28, 2008 12:42 pm Posts: 246 Been Liked: 1 time
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I was on one of the mp3gxxx download sites stating that Chartbuster downlods are for commercial use. Does anyone hve verification on this.
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Lonman
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Posted: Fri Mar 26, 2010 1:09 am |
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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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I would call & ask Chartbuster directly & not rely on a site not necessarily related to Chartbuster.
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DJMojo
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Posted: Fri Mar 26, 2010 5:33 am |
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Joined: Sat Dec 29, 2007 8:08 am Posts: 250 Location: The Great State of Tennessee Been Liked: 1 time
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_________________ "It looks just like a Telefunken U47 !"
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Lonman
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Posted: Fri Mar 26, 2010 10:56 am |
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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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DJMojo @ Fri Mar 26, 2010 6:33 am wrote:
They've had downloads for a while, the question was whether they were legal for commercial use - ie used in a karaoke show.
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jr2423
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Posted: Fri Mar 26, 2010 11:24 am |
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Joined: Mon Oct 11, 2004 9:22 am Posts: 395 Location: Peoria, AZ Been Liked: 0 time
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Lonman @ Fri Mar 26, 2010 11:56 am wrote: DJMojo @ Fri Mar 26, 2010 6:33 am wrote: They've had downloads for a while, the question was whether they were legal for commercial use - ie used in a karaoke show.
Why wouldn't they be
When legally purchased, why wouldn't the consumer have the same rights to their use as he/she would have if they purchased an entire disc?
The question I would raise is whether the source of the download (other than Chartbuster itself that is) had a legal right to do so. There's where I think a person could get in trouble if caught.
Of course there are some who would say that it isn't illegal until you get caught
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Lonman
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Posted: Fri Mar 26, 2010 2:59 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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jr2423 @ Fri Mar 26, 2010 12:24 pm wrote: Lonman @ Fri Mar 26, 2010 11:56 am wrote: DJMojo @ Fri Mar 26, 2010 6:33 am wrote: They've had downloads for a while, the question was whether they were legal for commercial use - ie used in a karaoke show. Why wouldn't they be When legally purchased, why wouldn't the consumer have the same rights to their use as he/she would have if they purchased an entire disc? The question I would raise is whether the source of the download (other than Chartbuster itself that is) had a legal right to do so. There's where I think a person could get in trouble if caught. Of course there are some who would say that it isn't illegal until you get caught
Well they wouldn't necessarily be legal for commercial, even the downloads that SC offer (well through the Stingray site that bought the rights) state for personal non-commercial use only. Have seen that disclaimer on several download sites as well. However SC is in the porocess of making mp3g downloads of all their older stock for commercial use for kj's so it's possible that CB is as well.
But again, rather than speculate & assume, i'd call Chartbuster directly & find out if it's true & which sites they actually authorize for downloads other than their own.
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jr2423
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Posted: Mon Mar 29, 2010 11:31 am |
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Joined: Mon Oct 11, 2004 9:22 am Posts: 395 Location: Peoria, AZ Been Liked: 0 time
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Lonman @ Fri Mar 26, 2010 3:59 pm wrote: Well they wouldn't necessarily be legal for commercial, even the downloads that SC offer (well through the Stingray site that bought the rights) state for personal non-commercial use only. Have seen that disclaimer on several download sites as well. However SC is in the porocess of making mp3g downloads of all their older stock for commercial use for kj's so it's possible that CB is as well. But again, rather than speculate & assume, i'd call Chartbuster directly & find out if it's true & which sites they actually authorize for downloads other than their own.
I havn't been to any download sites yet so I wasn'rt aware of that. However, at one time, didn't Soundchoice (and possibly others) print a similar disclamer on the labels of their CDGs (or at least their jewel cases)?
I believe I remember seeing that at one time, but with age comes diminished memory capacity so I may be incorrect. I'll have to check my cases sometime.
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Lonman
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Posted: Mon Mar 29, 2010 12:40 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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jr2423 @ Mon Mar 29, 2010 12:31 pm wrote: Lonman @ Fri Mar 26, 2010 3:59 pm wrote: Well they wouldn't necessarily be legal for commercial, even the downloads that SC offer (well through the Stingray site that bought the rights) state for personal non-commercial use only. Have seen that disclaimer on several download sites as well. However SC is in the porocess of making mp3g downloads of all their older stock for commercial use for kj's so it's possible that CB is as well. But again, rather than speculate & assume, i'd call Chartbuster directly & find out if it's true & which sites they actually authorize for downloads other than their own. I havn't been to any download sites yet so I wasn'rt aware of that. However, at one time, didn't Soundchoice (and possibly others) print a similar disclamer on the labels of their CDGs (or at least their jewel cases)? I believe I remember seeing that at one time, but with age comes diminished memory capacity so I may be incorrect. I'll have to check my cases sometime.
Well they've (SC & other manus) always had the standard, unauthorized duplication, public performance or broadcast is a violation of applicable laws. The duplication part has to do with copyright, the other two is just publishing laws, so if the clubs pay ASCAP/BMI etc, the music is fine to play.
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jr2423
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Posted: Mon Mar 29, 2010 12:57 pm |
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Joined: Mon Oct 11, 2004 9:22 am Posts: 395 Location: Peoria, AZ Been Liked: 0 time
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Lonman @ Mon Mar 29, 2010 1:40 pm wrote: Well they've (SC & other manus) always had the standard, unauthorized duplication, public performance or broadcast is a violation of applicable laws. The duplication part has to do with copyright, the other two is just publishing laws, so if the clubs pay ASCAP/BMI etc, the music is fine to play.
Ok, I remember now, it's that "Public Performance" entry I'm equating to "commercial use". I guess there must be a difference then.
_________________ EveningStar Entertainment & Events JR & Michele LaPorte Peoria, AZ
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Lonman
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Posted: Mon Mar 29, 2010 1:00 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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jr2423 @ Mon Mar 29, 2010 1:57 pm wrote: Lonman @ Mon Mar 29, 2010 1:40 pm wrote: Well they've (SC & other manus) always had the standard, unauthorized duplication, public performance or broadcast is a violation of applicable laws. The duplication part has to do with copyright, the other two is just publishing laws, so if the clubs pay ASCAP/BMI etc, the music is fine to play. Ok, I remember now, it's that "Public Performance" entry I'm equating to "commercial use". I guess there must be a difference then.
Yeah I honestly don't see what the difference is myself, however apparently it has to do with the download authorization (speculating they actually did get that to begin with) that lies the difference. Even regular music sites like I-Tunes have a clause in it not for commercial use, home/private use only.
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Dr Fred
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Posted: Mon Mar 29, 2010 5:53 pm |
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Joined: Wed Aug 22, 2007 5:22 pm Posts: 1128 Location: Athens, GA Been Liked: 4 times
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I think that the "commercial use" includes use in a TV shows, Movie, Commercials (advertisements) etc. Such Commercial use involves negotiation of an additonal contract with the owner of the rights of the song, as well as the musicians who performed the version used.
Public performance is more applicable to the traditional Karaoke gig at a club. The standardized contract is covered by ASCAP/BMI for such activities. I think radio use is considered public performance as well but I am less certain here.
The reason for the different classifications is that including a song in a movie, add or TV show that goes against the values or wishes of the songwriter can be prohibited. For example if a politician uses a song in their adds against the wishes of the songwriter they can (in theory be stopped). Same thing with using a famous song in an add that sells a product that is against the values of the songwriter. Sometimes the conflict in "values" is more a difference of opinion about how much they want to get paid.
Any band can go out and make a cover version of ANY song, so long as they pay standardized royalties. However if McDonalds for example wants to use that song in a commercial it must get prior approval from both the songwriters and musicians who performed the version, regardles of if they use the origional track or a cover version.
I think the difference is more the use of the song inside another commercial product, as opposed to performing the product as created.
As for making (and selling) videos/recordings of a Karaoke performance that might be considered commercial use, because it is the use (without approval) of the product to MAKE another commercial product.
I think by this distinction all Karaoke is for non commercial use even songs out of copyright, because the musicians who made the cover in theory have a right to be paid for the secondary product as well as the origional product.
I may be wrong here but that is my reading of the diference, although I think a lawyer probablly is really needed to inform us on the matter.
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