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PostPosted: Fri Mar 16, 2012 8:53 am 
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johnny reverb wrote:
Everybody's got their opinion on here.....fortunately, when it comes down to it........."you all ain't the boss of me"..... :P ....or anyone else on here.....thank God.... :lol:

Nobody has cut off your hands yet?? They don't need to be attached to be cold and dead. :twisted:

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PostPosted: Fri Mar 16, 2012 9:03 am 
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I don't have a problem with a host who has assessed a risk and is personally comfortable with what they are doing. I just what to know for sure what those risks are and not be misled.

I don't get why the new modification to the copyright agreements worldwide won't allow UK brands to export their discs to a US distributor yet it is okay for someone to distribute those same brands as a download. Now whether anyone who had a reciept and ASCAP et al would ever get in trouble seems doubtful. But as part of the reason the US opted out of the worldwide thing was that it didn't pay the rights holders as much money then there IS a loss that might be claimed.

Well, I agree the laws are all messed up.


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PostPosted: Fri Mar 16, 2012 9:05 am 
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Lone Wolf wrote:
I didn't think Tricerasoft was in the US.
Yes you have to unlock the songs but the updates are still sent to you (when the do if they do anymore) via the internet, so you are virtually downloading karaoke.


From above:

Tricerasoft wrote:
there is nothing special about just the USA and that there is no such
thing as "commercial use" for entertainers, it is simply a permission
from the manufacturer to use the content for entertainment purposes and
it works exactly like the rest of the world (EXACTLY).

'


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PostPosted: Fri Mar 16, 2012 9:12 am 
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"From the manufacturers" is leaving out the rights holders which is supposedly the hang-up.


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PostPosted: Fri Mar 16, 2012 9:20 am 
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leopard lizard wrote:
"From the manufacturers" is leaving out the rights holders which is supposedly the hang-up.


When I buy any song from iTunes, do I check first to make sure the artist had the right to record that song, that the songwriter is getting paid properly and that everything else is in place? No.

When I buy Coca-Cola at the supermarket, do I check with the local bottler first to make sure the proper franchise agreements are in place and paid up? No.

Before I watch a late night re-run, do I check with DirecTV to make sure that they had the right to air that show? No.


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PostPosted: Fri Mar 16, 2012 11:13 am 
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Bazza wrote:
Lone Wolf wrote:
I didn't think Tricerasoft was in the US.
Yes you have to unlock the songs but the updates are still sent to you (when the do if they do anymore) via the internet, so you are virtually downloading karaoke.


From above:

Tricerasoft wrote:
there is nothing special about just the USA and that there is no such
thing as "commercial use" for entertainers, it is simply a permission
from the manufacturer to use the content for entertainment purposes and
it works exactly like the rest of the world (EXACTLY).

'


You are still not seeing what I am saying!!!!!
THERE ARE NO LEGAL DOWNLOAD SITES LOCATED IN THE U.S.A. yet!

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PostPosted: Fri Mar 16, 2012 11:30 am 
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Lone Wolf wrote:


You are still not seeing what I am saying!!!!!
THERE ARE NO LEGAL DOWNLOAD SITES LOCATED IN THE U.S.A. yet!


Who cares? Tricerasoft, and it manus have gotten the licensing to allow KJ use in this country. I other words, they won't be bothering KJs and suing them for using their products, unlike some other brands we know.

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PostPosted: Fri Mar 16, 2012 12:03 pm 
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Lone Wolf wrote:
Bazza wrote:
Lone Wolf wrote:
I didn't think Tricerasoft was in the US.
Yes you have to unlock the songs but the updates are still sent to you (when the do if they do anymore) via the internet, so you are virtually downloading karaoke.


From above:

Tricerasoft wrote:
there is nothing special about just the USA and that there is no such
thing as "commercial use" for entertainers, it is simply a permission
from the manufacturer to use the content for entertainment purposes and
it works exactly like the rest of the world (EXACTLY).

'


You are still not seeing what I am saying!!!!!
THERE ARE NO LEGAL DOWNLOAD SITES LOCATED IN THE U.S.A. yet!


http://www.cavsusa.com/cdgdownload/

https://www.karaoke.com/browse?name=Downloads

http://itunes.apple.com/us/genre/music-karaoke/id52

?

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PostPosted: Fri Mar 16, 2012 12:04 pm 
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Smoothedge69 wrote:

I asked them, point blank and they told me that they are for KJs too. There is no issue, there is no problem. We can use them for our shows. They ARE licensed for the enter world.


Please post a copy or a link to the documentation that they will provide that their downloads are fully licensed for use by U.S. based KJs in their shows.

Keep in mind that this documentation must be included with each track, specifically licensing that track for the purpose.

Verbal doesn't cut it.

Also, keep in mind that Lon is right. Whether the provider (T. soft) will sue you or not means nothing. It's the artist groups and owner/publishers that care about the licensing.

Will they come knocking? Who knows? However, they certainly have grounds to do so. The thing is, downloads add more possibliity of liability to your business, where liability is supposed to be limited.

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PostPosted: Fri Mar 16, 2012 12:08 pm 
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JoeChartreuse wrote:
Smoothedge69 wrote:

I asked them, point blank and they told me that they are for KJs too. There is no issue, there is no problem. We can use them for our shows. They ARE licensed for the enter world.


Please post a copy or a link to the documentation that they will provide that their downloads are fully licensed for use by U.S. based KJs in their shows.

Keep in mind that this documentation must be included with each track, specifically licensing that track for the purpose.

Verbal doesn't cut it.

Give the same for each track on all your discs??? Same thing!

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PostPosted: Fri Mar 16, 2012 12:33 pm 
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JoeChartreuse wrote:
Keep in mind that this documentation must be included with each track, specifically licensing that track for the purpose.


It MUST? Included with every track? Says who? You?

What on earth is wrong with a direct "OK" from the owner of the company? A screen shot from a defunct forum is held up as valid evidence around here, but this isn't? I don't get it.

JoeChartreuse wrote:
Also, keep in mind that Lon is right. Whether the provider (T. soft) will sue you or not means nothing. It's the artist groups and owner/publishers that care about the licensing.


It means everything. The deals that THEY make with the "artist groups and owner/publishers" are their business...not mine. I bought in good faith.

JoeChartreuse wrote:
Will they come knocking? Who knows? However, they certainly have grounds to do so. The thing is, downloads add more possibliity of liability to your business, where liability is supposed to be limited.


I will say "No". They will never come knocking.

If you want to manage liability, be more concerned about the drunk tripping on your mic cord and falling on your stage than whether or not Don Henley is going to show up at your show and demand you cease & desist. :lol:


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PostPosted: Fri Mar 16, 2012 12:48 pm 
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JoeChartreuse wrote:
Smoothedge69 wrote:

I asked them, point blank and they told me that they are for KJs too. There is no issue, there is no problem. We can use them for our shows. They ARE licensed for the enter world.


Please post a copy or a link to the documentation that they will provide that their downloads are fully licensed for use by U.S. based KJs in their shows.

Keep in mind that this documentation must be included with each track, specifically licensing that track for the purpose.

Verbal doesn't cut it.

Also, keep in mind that Lon is right. Whether the provider (T. soft) will sue you or not means nothing. It's the artist groups and owner/publishers that care about the licensing.

Will they come knocking? Who knows? However, they certainly have grounds to do so. The thing is, downloads add more possibliity of liability to your business, where liability is supposed to be limited.

I am the one who started this post WITH the text from their terms of service. Later on I posted the whole document. Me, and one other have e-mail one of their employees, directly, and got assurances that T.soft's content is usable in the U.S. by KJs. If that person lied, that is not my problem. I can keep the e-mail as evidence, in my favor. That would be like a SC employee saying that it is fine and dandy to download their Karaoke Channel stuff, which is licensed for home use, then sending a guy to your house and suing you after seeing you use the songs in your house.

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PostPosted: Fri Mar 16, 2012 1:55 pm 
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JoeChartreuse wrote:
Smoothedge69 wrote:

I asked them, point blank and they told me that they are for KJs too. There is no issue, there is no problem. We can use them for our shows. They ARE licensed for the enter world.


Please post a copy or a link to the documentation that they will provide that their downloads are fully licensed for use by U.S. based KJs in their shows.

Keep in mind that this documentation must be included with each track, specifically licensing that track for the purpose.

Verbal doesn't cut it.

Also, keep in mind that Lon is right. Whether the provider (T. soft) will sue you or not means nothing. It's the artist groups and owner/publishers that care about the licensing.

Will they come knocking? Who knows? However, they certainly have grounds to do so. The thing is, downloads add more possibliity of liability to your business, where liability is supposed to be limited.


The thing that makes them fully licensed for use in the U.S. for public performance is the ASCAP, BMI, and SESAC licensing to the venue in which the songs are performed.

ASCAP, BMI, and SESAC say exactly that and will allow you to search their databases for any particular work to verify the licensing.

Here are the links to the documentation you have requested:
ASCAP
http://www.ascap.com/~/media/Files/Pdf/ ... es/BGT.pdf
Quote:
Enhancements to Recorded Music (Line 3). This fee applies for the use of added features to recorded music such as, but not limited to, karaoke, DJs, emcees, dancing, shows, acts or games.
Notice it specifically includes karaoke as a covered activity.
http://www.ascap.com/ace/search.cfm?requesttimeout=300
Here you can type in an artist or song and find the works that are covered by ASCAP for you to play. Try searching for The Eagles and you will get a complete list of what they cover.

BMI
http://www.bmi.com/news/entry/234325
Quote:
Those organizations that represent songwriters around the world (there are three companies in the U.S.) provide license agreements to business owners where karaoke is presented. Only the businesses where music is played are licensed by BMI. There is no BMI license required for KJs. Such agreements come in the form of annual blanket licenses, granting permission for all songs represented by that organization to be performed. BMI offers licenses covering about half the music performed in the United States, a repertoire of approximately 4.5 million works from around the world


http://www.bmi.com/search/
Here you can type in an artist or song and find the works that are covered by BMI for you to play.

SESAC
http://www.sesac.com/Repertory/Repertor ... ?x=55&y=18
Here you can type in an artist or song and find the works that are covered by SESAC for you to play.

It is as simple as that.
It's not about the manufacturer or the distributor.
The manufacturer cannot license you or anyone for public performance.
It doesn't matter where you buy your music, whether you purchased it on a CD or a download or a tape or hired an orchestra to play it for you or had everyone else hum the music while someone sang the words.
For your public performance of an artist, writer, or publisher's work, if the venue in which you perform is covered by these organizations you are covered too.

Again, a manufacturer cannot license you or anyone for public performance. That is why they all say "for personal use only", to protect themselves from giving away a right they don't have to give away. However any piece of music you own (cd, download, whatever) can be used in a public performance in a commercial setting if it is covered by ASCAP, BMI, or SESAC and the venue is current with their dues.

If you are going to buy a song and are wondering if it will be covered for public performance, check the databases of those who cover it.

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PostPosted: Fri Mar 16, 2012 3:59 pm 
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wow....now THAT is some serious documentation Earthling.
thank you for putting in the time to find that.

so ASCAP,BMI,and SESAC fees paid means we can play it. from the horses mouths.

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PostPosted: Fri Mar 16, 2012 4:31 pm 
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Paradigm Karaoke wrote:
wow....now THAT is some serious documentation Earthling.
thank you for putting in the time to find that.

so ASCAP,BMI,and SESAC fees paid means we can play it. from the horses mouths.

That's what I believed all along, now it's shown in actual documentation, however there is that one that won't believe or accept it :roll: :lol: Just make SURE the club you play is paying their PR fees - to all three!

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PostPosted: Fri Mar 16, 2012 5:00 pm 
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i agree Lon. i think we have all just been wanting to see it straight from the source in black and white instead of speculation, and this is it.
onward and upward. :mrgreen:

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PostPosted: Fri Mar 16, 2012 5:35 pm 
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Maybe if we started buying up a lot of their tunes, instead of the bigger names, those bigger names would get the urge to pay for licensing so we could just download their music. No audits, no extra charges, no CDs. Much nicer life.

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PostPosted: Fri Mar 16, 2012 8:11 pm 
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[quote="Bazza: When I buy any song from iTunes, do I check first to make sure the artist had the right to record that song, that the songwriter is getting paid properly and that everything else is in place? No.quote]

You may not but somebody is......it looks like "license to sell downloads" could be in for some defining:

http://www.billboard.biz/bbbiz/industry ... 1152.story


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PostPosted: Fri Mar 16, 2012 8:45 pm 
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These musicians should crawl back into the woodwork and be thankful their music is even being heard. The way the radio stations are formatted now, bands do no get sufficient airplay. They should be kissing the butts of programs like iTunes. Without iTunes they would be all but forgotten.

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PostPosted: Fri Mar 16, 2012 9:02 pm 
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That's what I always tell the venue owner when he tries to pay me. I am just thankful people came to the show, I don't need money for it. I expect you do the same, huh Smooth?


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