Karaoke Forums

Sorry Joe but I am not going to respond ad nauseum to refute what Chip has said. It's already been said by me and others with the Acts referred to, the law explained, procdures explained, etc, etc, etc.

It just reminds me of arguing with people in the conspiracies of JFK or the existence of Nessie or sasquatch ot that NASA didn't land on the moon. They offer a lot of words with no substance or basis in fact. Then when shown the proof they just ignore it and continue on as if they are right.

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You can be strange but not a stranger

Question: If you're saying that Clark Music is not allowed to sell in/to the US, and they choose to do so, and us KJs purchase material from them, where does that leave us KJs? You're saying that Clark Music would get into trouble, but what about those KJs who purchased product from them? Would they be in trouble too?

Good point Cue.

Interesting how Sound Choice can "license" the trademark and copyrights to Clark music, but has set upon them no restriction about the sales to the United States. Manufacturers in other industries allow distributors to sell their products - but also specify geographic territories that the distributors are allowed to sell in. By not restricting these sales (to the whole planet minus the U.S.) appears calculated to say the least.

It certainly seems that the KJ's role in this chain is simply to provide money.

Cueball...there is a "loophole" that allows for 1 disc sales in the USA since the change in the laws. Therefore overseas companies can sell direct 1 disc at a time...but they are not allowed to sell to shops. (we have also found we can not buy 3 of the same discs at the same time to allow us to add discs to all of our systems) this had increased the cost to KJ's a LOT. I miss our bulk purchases for UK companies and really hate paying HUGE shipping charges(often times more than the cost of sale discs)

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

You're absolutely right. It's exactly like that. Only you've just described yourself to a tee. I've never seen one iota of anything but sniping from you. No evidence of anything. You are constantly looking for an opportunity to take a shot at Chip (or "Chippy" as you like to say -- which simply shows your lack of maturity).

Oh -- and say hi to Sasquatch for me (he is from Canada, right?)

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Birdofsong

First of all, Panama City Florida is 2,191 miles away from Westminster, CA.

Second, I've known Rodney for almost 12 years from JOLT.

Third, is there any other unrelated items you'd like to try to make relevant in order to facilitate your turn to jump in the dogpile?

How about this: I got a speeding ticket once. Maybe you can spin that into what a lawbreaker I am and how I have endangered society or something bigger?

No. I'm just pointing out the fact that you have counseled, and/or given advise to, someone who was named in a SC lawsuit to counter-sue Sound Choice, which was Rodney.

I just wanted to make it clear to the readership that you are not denying the fact that you have advised a KJ, what to do legally, who had been named in one of these Sound Choice lawsuits in the past, that's all.

If you don't like how I phrased it, I'll rephrase:

Have you ever consulted with any defendant in any SC lawsuit on the subject matter of that suit?

If you haven't, it should be easy enough to say no and be done with it.

I'm not saying that at all. What I'm saying is that SC does not control what Clark Music does or where it sells--the only control is that the SC mark may only be applied to tracks that originated with SC--and that if they don't do something right with respect to the licensing, it's up to them to deal with, not SC. If your club is current on its ASCAP and BMI dues, you shouldn't have any problems regardless of the licensing status of the product.

SOOOOOOOOOOO, is that to say that we can use the UK downloads and not have to worry?

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I am the ONLY SANE 1 HERE

no downloads are a different matter altogether....CDG purchases and downloads are different animals completely. There are NO downloads that are legal for professional use as no US download licensing currently exists...hopefully this will be a situation corrected SOON

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

Thank, Athena, but I was looking to see what Harrington was going to say.

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I am the ONLY SANE 1 HERE

OOPS sorry...didnt realize

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

[quote=Harringtonlaw] If your club is current on its ASCAP and BMI dues, you shouldn't have any problems regardless of the licensing status of the product.[/quote]

i would be interested in this answer as well. it would seem that if licensing status is not an issue for the KJ as long as PRS fees are paid for the venue, then downloads "regardless of the licensing status of the product" should be just fine.

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Paradigm Karaoke, The New Standard.......Shift Happens

Not to worry, my friend, not to worry.

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I am the ONLY SANE 1 HERE

Are you from another dimension, or do you not actually read these forums?

The standard advice I have posted here to anyone who has been sued by your client has been to consult with a lawyer. See the post by Second City Song above where he links to a post of mine where I recommend that Rodney hire an attorney.

I'm sure that a defendant hiring a competent attorney kind of puts a cog in your plans to intimidate defendants while you delay at every turn in court, or every possible Act Of God plagues your actions. Such as the investigator refuses to hand over reports, or the attorney doesn't act, or the attorney misses deadlines, or the judge made a mistake.... etc... over and over and over again. (Any competently guided organization would have learned to avoid this long ago.)

And don't forget the advice I freely have given to those yet to be sued by your client has been to drop the brand entirely and don't worry anymore.


Happy now?

The constant pestering and questioning was not necessary because answer was in front of you all the time.

But you used this little diversion to avoid providing any legitimate explanation of why your client will allow it's licensees (such as Clark music) to "not legally" sell SC branded music back here to the U.S. where you fully admit that the publishers have control as to the licensing and distribution in accordance with "American law." The same could be said about the Gem series.

Anyone else getting whiplash?

Maybe you can explain this then.....
What exactly are we (KJs) getting from sites like SBI or Tricerasoft? They offer us (KJs) a choice of receiving custom tracks/files in an MP3/4+G format or on a disc (as a CDG). But, aren't they still the same thing? Aren't they still downloads (regardless of how you choose to accept them in the delivery method)? After all, if you choose to receive a disc from SBI or Tricerasoft, they've got to create the file for you, and then burn it to a disc before mailing it out to you. So technically speaking, aren't you still purchasing/reciving a download? After all, you're ordering your own unique selection of songs/tracks to be burned onto a disc for you. Prior to you making that order, that disc did not exist for sale to anyone.

Cueball , After researching a lot and contacting many federal departments my general concussion is that as long as ASCAP/BMI ect fees are paid by the venue KJ's are safe for all tracks they purchase on disc(custom or pre-made). A custom disc is still allowed as a "1 of sale" in the loophole of the new law. I have personal reasons for not using Tricerasoft, SBI or any other sites that does not clearly list the exemption of USA and Canada from worldwide professional licensing rules. I DO however purchase "1 of" discs from Zoom and Sunfly and miss being able to buy in bulk and combine shipping. And I will continue to use and suggest All-Star customs as long as I believe them to be legit ( I sure hope they are not a casualty of the "not paying fees type" in the future) From everything I have been able to find out they appear to be completely legal.

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"Integrity is choosing your thoughts, words and actions based on your principles and values rather than for your personal gain."
Unknown
"if a man has integrity, nothing else matters, If a man has no integrity, nothing else matters."
Lee McGuffey

However you recommended to have Rodney talk to his attorney about filing a counter-suit against Sound Choice. That sounds like consultation to me by advising someone what they should talk to their lawyer about. Wouldn't you agree?

No, I would not agree and your own first 10 words are the key:
"However you recommended to have Rodney talk to his attorney..."

It wouldn't matter if I told him to talk to his attorney about what color the sky is or anything else, the point is I recommended he talk to his attorney. Which turned out to be good advice and which is good advice for anyone facing a lawsuit -- especially in his case, an unfounded lawsuit.

Wouldn't you agree?

Besides, what you are pointing out and what HarringtonLaw is accusing me of are two separate and distinctly different actions. You are talking about me advising a defendant (like Rodney) directly. HarringtonLaw is accusing me of advising the attorneys in the Panama City case - where the defendants already had legal representation. However, after hundreds of lawsuits over the last few years, HarringtonLaw sort of got his rear end waxed by a KJ with no formal legal representation there too... wouldn't you agree?

Besides, it sounds to me like a case of sour grapes. If some attorney gleaned information from these forums that I've written to use in their defense, that's not me "advising" anyone. It seems to me like there is a possibility that information available on the net may have had something to do with reducing their award from the court and that's what HarringtonLaw is whining about. Otherwise, he wouldn't be mentioning it at all, he'd be addressing holiday cards to me. Wouldn't you agree?