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timberlea
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Posted: Fri Jun 11, 2010 8:46 pm |
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Joined: Wed Sep 04, 2002 12:41 pm Posts: 4094 Location: Dartmouth, Nova Scotia, Canada Been Liked: 309 times
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Manobeer that's right and with that 100,000 songs you can put a lot of rigs out there to make money with.
_________________ You can be strange but not a stranger
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JoeChartreuse
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Posted: Sun Jun 13, 2010 10:44 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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Lone Wolf @ Sat Jun 05, 2010 12:19 pm wrote: JoeChartreuse @ Thu Jun 03, 2010 1:49 am wrote: What's the hard part here? He was perfectly clear:
" From our website: "You are allowed to make a single copy of your Chartbuster Karaoke discs for archive purposes only. Please note that this does not entitle you to use those backed-up tracks for any other purpose than as a back-up, including playing, sharing, distribution or performance.
"Karaoke shows that use tracks stored to a hard disk drive are doing so in violation of the Chartbuster Karaoke license printed on the original disc....."
This means that though may download it, it is for backup purposes only, and for personal use only. Can't be used in a show.
Even if the law said it could be, the second paragraph states that Chartbuster does not license THEIR music for use in a karaoke show. Clear as a bell. What's the question?
As for the "original disc" that the download is copied to- that's a foot shuffle.
1) What he's not saying is that if you use downloads instead of mfrs. discs, the license responsibilities now fall on YOUR shoulders. If you were questioned, YOU would be responsible to prove that the music is licensed- an a receipt of payment won't do that. When you have the original mfrs. disc, that responsibility stays with THEM.
2) There is NO "original" disc here. If you download a digital track, and you copy it to a disc, you are media shifting, just as if you were ripping a disc to a PC. You started with a digital download, and that's what you still have. Just putting it on a disc changes nothing. I just love how you only read and post what you want to see not the whole thing. CB has said and I quote "Karaoke shows that use tracks stored to a hard disk drive are doing so in violation of the Chartbuster Karaoke license printed on the original disc. Unless the tracks were purchased as digital downloads and are being played from the original disk onto which they were downloaded, the operator is in violation of the license." Note the phrase "Unless the tracks were purchased as digital downloads and are being played from the original disk onto which they were downloaded, the operator is in violation of the license."
They are giving permission to use downloads (not rips) as long as they are on the original disc that they were downloaded to. I don't know about you but when most people download something they don't do it to a disc they to it to a hard drive. So I believe what CB is actually saying is you can only use the original hard drive that the product was downloaded to or if you in fact download it to a disc only that disc can be used.
Um....No. No matter, though. Let's say they really do mean the "hard disc" per your interpretation. Then they do what SC does and uses the display of their logo on the monitor as enough proof of wrongdoing ( SC calls them counterfeit logos because of the media shift) to hassle you- how do you prove 1:1? A receipt- from a company that doesn't have the right to give permission to use downloads in a show ( remember, without that combination sync/production/fix/ commercial license that has never been drafted in the U.S. it is illegal for a U.S. based host to run a show off of downloads)? Sorry, no discs, no proof of 1:1, despite your best ( and paid for) intentions.
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Karaokesentinel
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Posted: Tue Jun 15, 2010 1:34 pm |
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newbie |
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Joined: Sat Nov 12, 2005 6:30 am Posts: 6 Been Liked: 0 time
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Maybe I can clarify a little.
The production companies that make these products, pay a license to remake the tracks under a certain set of circumstances.
There is not just one license.
A digital download license is different than the license that allows the track to be re-recorded and placed on a cassette or CD for release to the masses.
And I see some of you are mad at the karaoke companies when there really is no reason.
The original publishers hold the licensing rights not the karaoke companies in other words, If the original publishers do not want you to copy the tracks onto a hard drive, or want them available for download, it's by their hand not the karaoke companies.
And the defunct companies are defunct for a reason. It's because they paid no licensing fees at all and got sued into oblivion.
And yes you can use downloaded tracks in a show as long as you have bought them from a reputable dealer. Only certain tracks are available and each are serialized. The license you get with the track is for personal use. It is not so you can burn it to a disc. That is a separate license.
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jerry12x
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Posted: Tue Jun 15, 2010 1:40 pm |
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Joined: Mon Jan 15, 2007 11:40 am Posts: 2289 Location: Bolton UK Been Liked: 3 times
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Karaokesentinel @ Tue Jun 15, 2010 9:34 pm wrote: Maybe I can clarify a little.
Go ahead.
Give it your best shot.
Sorry.
You mean well.
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BruceFan4Life
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Posted: Tue Jun 15, 2010 1:41 pm |
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Super Duper Poster |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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Skid Rowe @ May 31st 2010, 11:11 am wrote: Sorry guys, just one more question. Why do you need to keep your receipts if you have your disk in hand ? Sheesh, most of us have had our disks for 10-15 years or more.
You might have stolen those discs and Sound Choice might assume you did if you don't have a receipt for them. To Sound Choice, possession is NOT 9/10ths of the law.
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jerry12x
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Posted: Tue Jun 15, 2010 1:46 pm |
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Joined: Mon Jan 15, 2007 11:40 am Posts: 2289 Location: Bolton UK Been Liked: 3 times
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Bruce.
You are funny.
If I steal a bottle of Whiskey...
Johnny Walker is not going to start looking for me.
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BruceFan4Life
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Posted: Tue Jun 15, 2010 2:47 pm |
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Super Duper Poster |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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jerry12x @ June 15th 2010, 4:46 pm wrote: Bruce. You are funny.
If I steal a bottle of Whiskey... Johnny Walker is not going to start looking for me.
Not unless Sound Choice buys Johnny Walker
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jerry12x
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Posted: Tue Jun 15, 2010 2:51 pm |
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Joined: Mon Jan 15, 2007 11:40 am Posts: 2289 Location: Bolton UK Been Liked: 3 times
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DigiTrax Karaoke
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Posted: Wed Jun 16, 2010 10:03 am |
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Joined: Fri May 21, 2010 12:05 pm Posts: 141 Been Liked: 7 times
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mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: I guess my problem is with CB's statement that you must download to the hard disk you will be using for your show. I for one, do not like the idea of downloading straight to my show computer. With all the possibility for getting a virus downloaded to my drive, I would choose to download it and test the download before taking a chance of ruining all the songs on my work computer. I don't even like to update it because I don't trust MS either. Do you think the manufacturer is more secure than Microsoft? We don't have the power to confer a license to the end user. We can only utilize the licenses that are made available to us and we purchase. Those never include the rights to confer licenses on a third party. There hasn't been a virus yet invented that will infect an audio file (or any of the common karaoke formats). If that ever happens, you'll hear it all over the news, trust me. mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: I personally think that the manufacturers are faced with the dilemma where they see the advantages of the computer karaoke system but do not have a clue as to how to combat the Karaoke Pirate who downloads illegal tracks or sells hard drives already loaded. That is where the efforts need to be. If they could solve that issue, the other would not be a problem. We're certainly open to your suggestions on how this might be accomplished. mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: I still say that each of us has a responsibility to the industry and to ourselves to help stop the illegal copying and the pirate shows. There needs to be education of venue owners on how these acts could potentially hurt their business by knowingly allowing illegal activity. After all, most have liquor licenses and stand to lose them if they knowingly engage in illegal activity. That would be a great start. mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: Do the manufacturers not have a way to encode their tracks with a serial number of sorts? Armed with that, tracks that are legally purchased could be registered and illegal activity could be audited when found. Some software also has encoding to limit the number of copies that can be made from an original disc. In order to make that method effective, you have to control the verticality of the playback process. mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: The software manufacturer that supplies my hosting program has a way to only allow you to have its program live on one computer at a time. To change computers, you have to physically remove the license from one in order to use it on another. Could manufacturers not use this same type of technology on their discs? You buy from a registered retailer and then register the disc (or track) on line with the manufacturer who emails you a confirmation of the license. That license is only good for that track on one computer at a time. That would help (nothing is 100% foolproof) alleviate the illegal copying which is the crux of the problem.
If we controlled all the software that could conceivably be used for playback, that would work. As long as there's even one player out there that will read the format(s) we use and isn't under our control, that method would fail.
Software that uses the authentication process you describe above does so through a "phone home" feature. However, karaoke tracks aren't software, they are data in a non-executable format - the same reason why you can't infect karaoke tracks with a virus. (You could inject malicious code, but the player would just reject the data as unreadable.)
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leopard lizard
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Posted: Wed Jun 16, 2010 10:17 am |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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Chartbuster Karaoke @ Wed Jun 16, 2010 10:03 am wrote: mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: mrgadget01 @ Fri Jun 11, 2010 10:53 am wrote: Do the manufacturers not have a way to encode their tracks with a serial number of sorts? Armed with that, tracks that are legally purchased could be registered and illegal activity could be audited when found. Some software also has encoding to limit the number of copies that can be made from an original disc. In order to make that method effective, you have to control the verticality of the playback process.
I did notice my email address pops up on the title track of each of the songs on the Custom discs I order. So if 2,000 copies showed up, you would know where they came from. I haven't bought a download. Do you do the same thing on those, too?
It seems one new trend on some of the manufacturers is to start keeping track of who they sell what to.
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hiteck
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Posted: Wed Jun 16, 2010 11:22 am |
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Joined: Sun Jun 06, 2010 10:39 am Posts: 884 Location: Tx Been Liked: 17 times
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I'm honestly surprised that there's not some sort of fee, charge, membership or whatever you want to call it similar ASCAP or BMI that require individuals like DJ's & KJ's to pay much like bars. I mean if I'm paid to play a private party am I not benefiting financially from playing copyrighted music?
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DigiTrax Karaoke
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Posted: Thu Jun 17, 2010 9:46 am |
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Joined: Fri May 21, 2010 12:05 pm Posts: 141 Been Liked: 7 times
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leopard lizard @ Wed Jun 16, 2010 10:17 am wrote: I did notice my email address pops up on the title track of each of the songs on the Custom discs I order. So if 2,000 copies showed up, you would know where they came from. I haven't bought a download. Do you do the same thing on those, too?.
My understanding is that the same method is used on digital downloads. There are drawbacks to the system, but it's the best technological solution we've found thus far.
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Lone Wolf
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Posted: Thu Jun 17, 2010 11:04 am |
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Joined: Mon May 28, 2007 10:11 am Posts: 1832 Location: TX Been Liked: 59 times
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It was not on the one digital download that I purchased. Unless I was one of the first to do so and things have changed since then.
Chatbuster: While we are on the subject your digital download page has numerous errors which I have sent and email to your webmaster to which Bob Brady replied they are fixing it. This was over a week ago and still not fixed.
Just a couple of errors. Can not change page number, can not sort by anything.
Thanks for listening and KEEP UP THE GOOD WORK.
_________________ I like everyone when I first meet them. If you don't like me that's not my problem it's YOURS! A stranger is a friend you haven't met yet
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leopard lizard
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Posted: Thu Jun 17, 2010 7:14 pm |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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Chartbuster Karaoke @ Thu Jun 17, 2010 9:46 am wrote: leopard lizard @ Wed Jun 16, 2010 10:17 am wrote: I did notice my email address pops up on the title track of each of the songs on the Custom discs I order. So if 2,000 copies showed up, you would know where they came from. I haven't bought a download. Do you do the same thing on those, too?. My understanding is that the same method is used on digital downloads. There are drawbacks to the system, but it's the best technological solution we've found thus far.
My one thing is I wish I could change the ID from being my email to the company name. I also was going to give someone a custom for Christmas but didn't want my email on THEIR disc and couldn't get a response as to how to change it so I had to go eslewhere. But otherwise, it seems like a good way to trace who might be putting out copies of something.
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DigiTrax Karaoke
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Posted: Fri Jun 18, 2010 1:00 pm |
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Joined: Fri May 21, 2010 12:05 pm Posts: 141 Been Liked: 7 times
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leopard lizard @ Thu Jun 17, 2010 7:14 pm wrote: My one thing is I wish I could change the ID from being my email to the company name. I also was going to give someone a custom for Christmas but didn't want my email on THEIR disc and couldn't get a response as to how to change it so I had to go eslewhere. But otherwise, it seems like a good way to trace who might be putting out copies of something.
Call our sales department at (865) 577-5597 with your track numbers and ask them to manually input the order. We can also drop-ship your gift directly to the recipient.
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DigiTrax Karaoke
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Posted: Fri Jun 18, 2010 1:01 pm |
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Joined: Fri May 21, 2010 12:05 pm Posts: 141 Been Liked: 7 times
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Lone Wolf @ Thu Jun 17, 2010 11:04 am wrote: It was not on the one digital download that I purchased. Unless I was one of the first to do so and things have changed since then.
Chatbuster: While we are on the subject your digital download page has numerous errors which I have sent and email to your webmaster to which Bob Brady replied they are fixing it. This was over a week ago and still not fixed.
Just a couple of errors. Can not change page number, can not sort by anything.
Thanks for listening and KEEP UP THE GOOD WORK.
Thanks Loner. I've sent your bug report directly to our Chief Technical Officer.
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BruceFan4Life
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Posted: Fri Jun 18, 2010 3:09 pm |
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Super Duper Poster |
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Joined: Wed May 18, 2005 10:03 pm Posts: 2674 Location: Jersey Been Liked: 160 times
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Pop Hits Monthly has just released their July discs. Any update on when the CB JUNE discs might come out?
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jclaydon
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Posted: Fri Jun 18, 2010 11:50 pm |
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Super Duper Poster |
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Joined: Fri Jun 18, 2010 11:16 pm Posts: 2027 Location: HIgh River, AB Been Liked: 268 times
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Chartbuster Karaoke @ Wed Jun 02, 2010 3:03 pm wrote: Apologies for taking so long to reply - and thanks to leopard lizard for starting the thread as requested.
From our website: "You are allowed to make a single copy of your Chartbuster Karaoke discs for archive purposes only. Please note that this does not entitle you to use those backed-up tracks for any other purpose than as a back-up, including playing, sharing, distribution or performance.
"Karaoke shows that use tracks stored to a hard disk drive are doing so in violation of the Chartbuster Karaoke license printed on the original disc. Unless the tracks were purchased as digital downloads and are being played from the original disk onto which they were downloaded, the operator is in violation of the license."
You will note that for the purposes of a track that is ripped from a disc, only the disc is authorized for use in a Karaoke Show setting, and not the ripped track.
When you purchase a digital download from our online store, you are given a receipt from that transaction. It is the only record you will have that you legally obtained the track, since no physical disc accompanies the purchase.
If you have a digital download, have your receipts, and are performing a karaoke show, as long as your other licenses are in order, you are authorized to use a Chartbuster Karaoke track purchased in this fashion in your show. This does not confer any other license to you - you must still conform to applicable copyright and performance rights laws, along with any other restriction(s) that may apply. It only expressly means that the use of the Chartbuster Karaoke rendition is authorized by Chartbuster Karaoke, and no other licenses, explicit or implicit, are conferred.
In addition, you should note that in cases of this nature, the courts have yet to determine what distinguishes a back-up copy from an original. Bear in mind that there is no distinguishing feature that can tell any two digital copies apart, other than the media on which they reside. In order to hew as closely as possible to what we believe to be the letter and the spirit of the law, we believe that it is important that the purchaser only download tracks directly to the hard disk drive from which it will be drawn during performance. We don't know how this will eventually shake out in the courts, but until a precedent has been set, this is what we recommend. It may or may not save your entrepreneurial backside later down the road, but it might provide some protection.
Does this mean that the publishers won't come after you for using a digital download in a show? Well, we don't know, and I don't think anyone else does at this point either. They might decide they have bigger fish to fry, even if they think you are infringing. Or they might smell money and land on you with both feet. It's anybody's guess.
Please also note that we make karaoke, not law. We do our best to give you the viewpoint and perspective from where we are sitting. Do not construe any of this to be legal advice - when in doubt, ask your lawyer.
Is this unambiguous enough for the forum?
It sure works for me, and thank you so much for that response. As long as I'm sure that chartbuster will not come after me for using their digital downloads in a show, that's ALL I personally care about. I seriously doubt the record labels will come after anyone altho that is just my personal opinion.
thanks again for finally clearing that up.
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