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Smoothedge69
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Posted: Tue Mar 13, 2012 1:41 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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earthling12357 wrote: JoeChartreuse wrote: Paradigm Karaoke wrote: "If a track is licensed in the U.S. for download for use as a KJ ( no one cares about home use), then it would be very easy to include a text file of the documation showing the same for that provider. This would be for each track. This would keep the responsibility for licensing on the providers shoulders."
and the same for CD. prove that they paid for the license, is that too much to ask?
. It's not too much, but no one asked for a comparison. However, running a show off of the original manufacturers' discs leaves the bulk of any liability on the mfr., not the host. At worst, a host could get hit with a "cease & desist" if the owners got involved, but any licensing issues would remain with the manufacturer. The liability in using a purchased download would be no different than that of a purchased CD as long as there is evidence of purchase. That evidence has been provided with every song I have purchased through download. As far as the manufacturer or distributor providing details of their licensing agreements, that isn't happening with CDs either. As stated here before by Tricerasoft and HarringtonLaw, licensing agreements are tightly held trade secrets between the parties to the agreement. It is unreasonable to ask that these agreements be made public. A statement from the manufacturer saying that their licensing is in order should be and always has been sufficient (even if it isn't a truthful statement). Hey, I'm happy as long as I can use the stuff in my future shows, and can avoid Mr. Sound Choice Man. I could then use my SC disks just for my own use, when I go out and hang, like I have been doing. It's all my music, anyway, and I am the only one that sings the stuff I have.
_________________ I am the ONLY SANE 1 HERE
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Paradigm Karaoke
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Posted: Tue Mar 13, 2012 6:50 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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well, SC doesn't offer downloads, so they can't do a thing to you.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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JoeChartreuse
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Posted: Tue Mar 13, 2012 11:24 pm |
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Joined: Wed Feb 07, 2007 1:12 pm Posts: 5046 Been Liked: 334 times
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earthling12357 wrote: JoeChartreuse wrote: Paradigm Karaoke wrote: "If a track is licensed in the U.S. for download for use as a KJ ( no one cares about home use), then it would be very easy to include a text file of the documation showing the same for that provider. This would be for each track. This would keep the responsibility for licensing on the providers shoulders."
and the same for CD. prove that they paid for the license, is that too much to ask?
. It's not too much, but no one asked for a comparison. However, running a show off of the original manufacturers' discs leaves the bulk of any liability on the mfr., not the host. At worst, a host could get hit with a "cease & desist" if the owners got involved, but any licensing issues would remain with the manufacturer. The liability in using a purchased download would be no different than that of a purchased CD as long as there is evidence of purchase. That evidence has been provided with every song I have purchased through download. As far as the manufacturer or distributor providing details of their licensing agreements, that isn't happening with CDs either. As stated here before by Tricerasoft and HarringtonLaw, licensing agreements are tightly held trade secrets between the parties to the agreement. It is unreasonable to ask that these agreements be made public. A statement from the manufacturer saying that their licensing is in order should be and always has been sufficient (even if it isn't a truthful statement). As stated, downloads are not original mfrs. product. However, and again, not the point of the OP. Therefore, live and let live- and enjoy....
_________________ "No Contests, No Divas, Just A Good Time!"
" Disc based and loving it..."
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Paradigm Karaoke
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Posted: Wed Mar 14, 2012 12:29 am |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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@Harrington
"As stated, downloads are not original mfrs. product."
is this true?
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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Bazza
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Posted: Wed Mar 14, 2012 4:37 am |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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Paradigm Karaoke wrote: @Harrington
"As stated, downloads are not original mfrs. product."
is this true? Of course it's not. This is only true in "Joe's World" as he is under the incorrect assumption that downloading something changes it from the original.
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Smoothedge69
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Posted: Wed Mar 14, 2012 10:27 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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I had an e-mail exchange with Tricerasoft, and they have assured me that their license is worldwide and the track ARE usable by KJs for what we would call commercial use.
_________________ I am the ONLY SANE 1 HERE
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Bazza
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Posted: Wed Mar 14, 2012 10:37 am |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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Smoothedge69 wrote: I had an e-mail exchange with Tricerasoft, and they have assured me that their license is worldwide and the track ARE usable by KJs for what we would call commercial use. I buy a lot of songs from Tricerasoft & like them. If you buy the largest bulk pack, the per track price drops to $1.40 a track, which isn't too bad.
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Smoothedge69
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Posted: Wed Mar 14, 2012 10:40 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Bazza wrote: Smoothedge69 wrote: I had an e-mail exchange with Tricerasoft, and they have assured me that their license is worldwide and the track ARE usable by KJs for what we would call commercial use. I buy a lot of songs from Tricerasoft & like them. If you buy the largest bulk pack, the per track price drops to $1.40 a track, which isn't too bad. They actually have Whitesnake's version of "Ain't No Love In The Heart of The City", which I have never seen before. I can't wait to get my hands on that.
_________________ I am the ONLY SANE 1 HERE
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Paradigm Karaoke
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Posted: Wed Mar 14, 2012 1:23 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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i agree Bazza, i asked for Harrington's response because he is the only with a license in IP law here (Bird is not a lawyer, if i am wrong i apologize Bird) so as he already dispelled the "fact" that downloads can not be used in the U.S. at all, i would like his input.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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JimHarrington
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Posted: Wed Mar 14, 2012 5:32 pm |
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Extreme Poster |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Paradigm Karaoke wrote: @Harrington
"As stated, downloads are not original mfrs. product."
is this true? If the download was authorized by the manu then I would think that it is. But I would need to know more.
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Smoothedge69
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Posted: Wed Mar 14, 2012 6:55 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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HarringtonLaw wrote: Paradigm Karaoke wrote: @Harrington
"As stated, downloads are not original mfrs. product."
is this true? If the download was authorized by the manu then I would think that it is. But I would need to know more. Here you go...........the entire document:: 1. All Songs are sold for USE and permission for KJs, Enthusiasts, or Private/Home entertainment. Songs can not be sold, redistributed, or shared. You agree to be the sole user of the content and each receipt will represent ONE copy of the song for use as a KJ, Enthusiast, or Private/Home user. 2. Backup to digital media is ONLY allowed for storage as long as it remains in the possession of the owner of the license receipt(s) holder. Backup is the sole responsibility of the customer and you agree that TriceraSoft is NOT liable or responsible for any damage, corruption, or restoration of content that may be caused by choice of backup. 3. Songs are licensed for computer use ONLY. Each receipt is licensed for ONE use. Conversion is not covered under our license. Any conversion, transfer, or alteration is strictly forbidden. Alteration of the content can only be done with permission by the manufacturer. Any operation that may cause alteration of the tracks is SOLELY your responsibility and at your own risk. We do NOT provide tools nor will we provide instructions; this includes any Conversion or Burning to disc. Discussion of issues or instructions using third party tools are strictly taboo and absolutely AT YOUR OWN RISK, WILL VOID YOUR WARRANTY, AND NOT COVERED UNDER SUPPORT OR LICENSING! NO EXCEPTION! 4. All songs are provided with either an audio or visual preview. You agree to preview the song before purchase or if without preview understand that all content is KARAOKE style reproductions and may or may not include supporting singers. Some content may represent leading singers for support, duet, or backup/effect. Multiplex tracks WILL include lead vocals on either the left or the right channel, and without LEAD vocals on the opposite channel - Multiplex tracks are intended for players with the Multiplex feature OR if you intend to hear the LEAD vocals on regular players. All songs are REPRODUCTIONS produced by the manufacturers, in purchasing you agree that the manufacturer is solely responsible for quality and accuracy of these reproductions in comparison to the original labels' artistic performance and that TriceraSoft is not connected to the production of the tracks - tracks will not be exchanged for any such reason. 5. There are absolutely no refunds on songs or credits sold. Songs are licensed IMMEDIATELY and logged at purchase. All content is produced by the supplier manufacturers and tracks are sold 'AS IS' direct from them and in the MP3+G format. 6. If a song is purchased twice accidentally, the second is exchanged for less or equal value - you agree to contact TriceraSoft if any such double orders take place and agree that only an exchange of the SECOND item duplicated will be exchanged. 7. Songs reported corrupt will be checked and confirmed by TriceraSoft staff. ONLY songs confirmed by TriceraSoft to be corrupt will be exchanged with an equally matched song at the sole discretion of TriceraSoft and only within a span of 2 days from purchase of the original receipt. On exchange, if a suitable matching track (matching "title" AND "artist") is NOT found, TriceraSoft will at it's own discretion offer an alternate song if the circumstance permits. If the song is found; intact, integral, and without fault then no exchange will take place. TriceraSoft will issue instructions on how to redownload a fresh copy of the song and recommend correct methods of use and playback of the tracks. 8. TriceraSoft holds the right to refuse delivery and service to accounts and links. Customers who are found in breach of use, threaten licensing or service, are found to be a copyright hazard, and/or misrepresent content will be immediately suspended without notice. 9. TriceraSoft holds the right to suspend or discontinue service to any customer at its own discretion without prior notice or explanation. You agree that TriceraSoft in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: a. attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, b. overcoming software security features limiting use of or protecting any Content, c. discontinuance or material modification of the Site or any service offered on or through the Site, d. violations of this Terms of Use, e. failure to pay for purchases, f. suspected or actual copyright infringement, or g. unexpected operational difficulties 10. All account details on TriceraSoft services will be held confidential. You may not share or provide your information of any account to anyone else. You agree that any unauthorized use of your account will be notified immediately and TriceraSoft is not liable for any loss or misuse of the account. It is your sole responsibility to maintain your account and not share your details with anyone. TriceraSoft does not share any account details. You agree to notify TriceraSoft if any secure information is required to be changed including, contact information, password, etc.
_________________ I am the ONLY SANE 1 HERE
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timberlea
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Posted: Wed Mar 14, 2012 7:56 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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Quote: 3. Songs are licensed for computer use ONLY. Each receipt is licensed for ONE use. That may seem to be a confusing sentence. It almost sounds like you can only use the track once. Or does it mean you can only use it on one computer? If so what happens if that computer dies?
_________________ You can be strange but not a stranger
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Smoothedge69
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Posted: Wed Mar 14, 2012 8:37 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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timberlea wrote: Quote: 3. Songs are licensed for computer use ONLY. Each receipt is licensed for ONE use. That may seem to be a confusing sentence. It almost sounds like you can only use the track once. Or does it mean you can only use it on one computer? If so what happens if that computer dies? There is another area that say you can back up the files to another drive, but you need permission to put them on disk. It's kind of opposite SC's policy.
_________________ I am the ONLY SANE 1 HERE
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Smoothedge69
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Posted: Wed Mar 14, 2012 11:10 pm |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Tricerasoft seems to have gotten the license from the Eagles. They have seven pages worth of Eagles tunes.
_________________ I am the ONLY SANE 1 HERE
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jclaydon
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Posted: Thu Mar 15, 2012 12:15 am |
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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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Well i haven't been able to verify this but I have asked this question before, and the answer I got from Tricerasoft was that they specifically asked for the wording 'FOR KJ Use" in their license.
If that's true then they have indeed licensed the digital content thru the NA producers, and the tracks are perfectly legal to use in a show.
-James
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Smoothedge69
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Posted: Thu Mar 15, 2012 12:27 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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I have found some really cool songs on there, that I have never been able to do that I have wanted to.
_________________ I am the ONLY SANE 1 HERE
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Cueball
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Posted: Thu Mar 15, 2012 12:36 am |
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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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jclaydon wrote: Well i haven't been able to verify this but I have asked this question before, and the answer I got from Tricerasoft was that they specifically asked for the wording 'FOR KJ Use" in their license.
If that's true then they have indeed licensed the digital content thru the NA producers, and the tracks are perfectly legal to use in a show.
-James I just looked up The Eagles on their Karaoke tracks, and went through the 7 pages of songs they had listed (I'm just missing 3 songs from their listing). First off, those 7 pages have repeats listed. Secondly, they are all from other manufacturers... ZOOM, Sunfly, SBI, Abraxis (isn't Abraxis Sound Choice?), and Music Maestro. With the exception of MM (out of business), the others listed are all in the UK. Does Tricerasoft make any of their own Karaoke tracks? I'm not sure how they can do this legally (give permission for another Manu's product). Can someone explain that to me?
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Smoothedge69
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Posted: Thu Mar 15, 2012 1:10 am |
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Joined: Sun Dec 19, 2004 2:55 am Posts: 3885 Images: 0 Been Liked: 397 times
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Maybe Tricerasoft bought them all out. Maybe they could buy out SC and get rid of all the bull.
_________________ I am the ONLY SANE 1 HERE
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jclaydon
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Posted: Thu Mar 15, 2012 1:29 am |
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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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Its simple, UK manufacturers own the MASTER rights to their tracks, lyrics and all and can therefore sell them for digital distrubution to whomever they wish.. They don't need the original producer's permission.
The licence I was referring to is the right to distribute digital tracks for KJ use in north america, which to the best of my knowledge, is an entirely different matter.
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Cueball
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Posted: Thu Mar 15, 2012 1:41 am |
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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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jclaydon wrote: Its simple, UK manufacturers own the MASTER rights to their tracks, lyrics and all and can therefore sell them for digital distrubution to whomever they wish.. They don't need the original producer's permission. Ahhhh.... OK... That makes sense to me now. Thank you. But, going back to my post about the brands they are using/offering, Music Maestro was US based. They've been out of business for many years (as far as I know). How would Tricerasoft have obtained those rights? jclaydon wrote: The licence I was referring to is the right to distribute digital tracks for KJ use in north america, which to the best of my knowledge, is an entirely different matter. I understood what you meant... When I asked my question, I should have added, "in the US?".
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