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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 11:43 am 
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kjathena wrote:
Personally still don't trust them as far as I can throw them.


Let me try to understand that comment :roll: you don't trust them but you seem to blindly trust a company that is suing it's own customers :roll: Very cheap statement in my opinion... I trust them and glad they exist, they sell by track at a good price and they also offer the best Karaoke producer today in Zoom :wink:


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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 12:30 pm 
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everyting that i could find on the internet
say mp3g
and mp3+g are the same code
so my ???? is if this is the case
does sound choice think they are not breaking
the law by droping the +
after all droping the + does not change whats under the hood

just thinking out load


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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 12:46 pm 
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TriceraSoft1 wrote:
And yes we have the trademark because we came up with the name and the technology.

The USPTO lists your trademarks as abandon as of June 1, 2012.
You might want to consider renewing.

TriceraSoft1 wrote:
Most KJs on this forum wouldn't exist if we hadn't created that format and the players to support it. We are not asking for donations, but a simple thank you would be nice.

Thank you.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 1:11 pm 
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Micky wrote:
kjathena wrote:
Personally still don't trust them as far as I can throw them.


Let me try to understand that comment :roll: you don't trust them but you seem to blindly trust a company that is suing it's own customers :roll: Very cheap statement in my opinion... I trust them and glad they exist, they sell by track at a good price and they also offer the best Karaoke producer today in Zoom :wink:


I don't blindly trust anyone......I do my research and form my opinions. I have posted the info on this site for anyone to confirm that downloads are not licensed for use in the USA and Canada....every other site I have found does list in the T.O.S the disclaimer abet normally well hidden...Tricerasoft is the only site where I can not find it at all. As Professional KJ's we are held to a higher standard of care.....educate yourself....decide what level of liability you are willing to place yourself and your venues under and don't play victim when you have to pay the price. :thinkin:

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Last edited by kjathena on Sat Sep 15, 2012 1:51 pm, edited 1 time in total.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 1:42 pm 
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earthling12357 wrote:
TriceraSoft1 wrote:
And yes we have the trademark because we came up with the name and the technology.

The USPTO lists your trademarks as abandon as of June 1, 2012.
You might want to consider renewing.


The USPTO shows those trademarks as "abandoned" because opposition to them was sustained by the Trademark Trial & Appeal Board and the owner of the applications did not pursue them any further.

Tricerasoft can claim "ownership" of the MP3+G "trademark" all it wants, but that does not mean it actually owns any enforceable rights in the term. Moreover, its use of the circled-R symbol in the United States is improper because it lacks a federal registration for that mark. SC is not obligated to obtain a license from Tricerasoft or anyone else to use the term MP3+G in the United States--and, barring some contractual agreement of which I am not aware, neither is anyone else.


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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 1:52 pm 
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kjathena wrote:
Micky wrote:
kjathena wrote:
Personally still don't trust them as far as I can throw them.


Let me try to understand that comment :roll: you don't trust them but you seem to blindly trust a company that is suing it's own customers :roll: Very cheap statement in my opinion... I trust them and glad they exist, they sell by track at a good price and they also offer the best Karaoke producer today in Zoom :wink:


I don't blindly trust anyone......I do my research and form my opinions. I have posted the info on this site for anyone to confirm that downloads are not licensed or use in the USA and Canada....every other site I have found does list in the T.O.S the disclaimer abet normally well hidden...Tricerasoft is the only site where I can not find it at all. As Professional KJ's we are held to a higher standard of care.....educate yourself....decide what level of liability you are willing to place yourself and your venues under and don't play victim when you have to pay the price. :thinkin:


Perhaps I can help.
http://tricerasoft.com/terms_account.html
Quote:
All Songs are sold for USE and permission for KJs, Enthusiasts, or Private/Home entertainment.


How about if a manufacturer endorses Tricerasoft as a legit source? Here's a legthy snip from a quote from another thread:
viewtopic.php?f=1&t=23446&hilit=sunfly+tricerasoft
rickberry wrote:
THE FOLLOWING IS EMAIL REGARDING
KARAOKE VERSION FROM MGR Philippe Marchal
Head of Licensing

-------- Message original -------- Sujet: Karaoke-Version rickberry_rse@hotmail.com en wrberryrse
Date : Sat, 11 Feb 2012 22:41:06 +0100 (CET)
De : support@recisio.com (Karaoke-Version Contact)
Répondre à : rickberry_rse@hotmail.com
Pour : support@office.recisio.com

I have a legal question. I am a Veteran Kj of 24 years now. I have been a customer of your for 3 years. I am using your songs in my Karaoke shows. As of Jan 2012, I am being audited by Sound Choice (aka Slep-tone Entertainment) I am okay with that as I am legal..I thought.

I am being told from several ppl that my downloads from you at Karaoke Version and Tricerasoft as well, are illegal. That I am not allowed to have these in my system and use these in my shows...huh??? I have never seen this information anywhere on your site, and I have looked. As far as Tricerasoft goes, they specifically cater to the professional Kj's and expect their media to be used in public and sell the professional Kj Hosting programs as well. I have their permissions.
Can you please enlighten me here. Am I in the wrong? Have I been misled and did I misunderstand? I have much money invested in your downloads and I am at a loss for words here.
Thanks for your time.
Rick Berry
-------------------------------------------------------------- Message original
Sujet: Karaoke-Version rickberry_rse@hotmail.com en wrberryrse
Date : Sat, 11 Feb 2012 22:41:06 +0100 (CET)
De : support@recisio.com (Karaoke-Version Contact)
Répondre à : rickberry_rse@hotmail.com
Pour : support@office.recisio.com


Dear Rick,

Thanks for contacting us.

If you have a written statement from Sound Choice saying that our downloads are illegal, please provide us with a copy.

I must say that karaoke-version operated by our company Recisio is one of the most legal companies in this field. We usually tolerate use of playbacks and karaokes purchased from our website for public performance in licensed venues. So I do not think that Sound Choise allegations are true.

Please do not hesitate to contact me should you have further queries.

Kind Regards,

Philippe Marchal
Head of Licensing
+33 6 13 51 25 67

Recisio / Tency Music
http://www.recisio.com
http://www.tencymusic.com

--------------------------------------------------------------
FYI - to those reading this, One does not need to "archive" or back up anything from Karaoke version BECAUSE every time you buy a song file from them... KARAOKE VERSION saves the file download for you and at anytime you can go and retrieve the file again at your convienience if it is needed.
Archiving Karaoke version files is a Mute point.
----------------------------------------------------------------

SOOOO, I will now address your above statement. I mentioned that I have had several conversations with these ppl, not only at tricerasoft personally, BUT also with SUNFLY and SBI. I made it known that I know my rights and Know what I was told I can and can't do with these song files.
I also understand that one's word is never enough these days. No one here will ever believe anything I say anyways.

BUT Here is the Mail I received from Sunfly regarding my (me personally) Downloaded songs. I would not suggest anyone doing this JUST because I have these permissions. You should each seek your own written permissions from the Manufacturer yourself!!!!!!!

I have a email History with these ppl, they know me, my situations and my intent.

***************************************
SUNFLY MUSIC

HERE IS THE FOLLOWING EMAILS FROM
SUNFLY GENERAL MANAGER COLIN SIMMONS.


Date: Mon, 13 Feb 2012 09:22:24 +0000
Subject: Sunfly Downloads
From: csimmons@sunflymusic.com
To: rickberry_rse@hotmail.com

Hi Rick
Thanks for your email dated February 11.
To put your mind at rest, Tricerasoft are legitimately entitled to distribute our products as relevant publishing is paid by them. I will forward your email to Tricerasoft so they can reply and put the record straight in their own words. You can then share that with Sound Choice. I am sure Tricerasoft will be interested to see your email so they can communicate with Sound Choice and stop them from issuing inaccurate information about them.
Thanks
Colin

Colin Simmons
General Manager

Sunfly Music
6 Wellesley Court, Apsley Way, London NW2 7HF

Tel: +44 (0) 208 450 5544
Email: csimmons@sunflymusic.com


That's from a fellow who knows how to educate himself.
Perhaps you should consider a little more self-education before you spread any more rumors about Tricerasoft, or the legality of downloads.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 2:01 pm 
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I have educated myself very well....do a little research on the download licensing offered by the Agencies in the UK. the LOML+ ( may have to check the spelling on that)specifically excludes the USA and Canada from the worldwide use clause. You can choose to believe a salesman if you wish...I will believe the people handling licensing.
Contact PRS and ask for details about the LOM L Plus licensing that covers downloads worldwide and the exception for the USA and Canada

I wish I had run into more people like you when I was part owner in a used car lot :mrgreen: I would have made a lot more $$$$

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 3:54 pm 
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but you are believing the SC salesman.

Sunfly, Zoom, Karaoke Version (not a salesman, the head of licensing), All Star, Mr Entertainer, SBI, Protrax, Pocket Songs, Just Tracks, Mastermix, Tropical Zone, Sing King (check them out if you have not already, great stuff), Karaoke Version among others are all wrong but Kurt is right? i hope you can see why this debate goes on, that just doesnt seem to make sense.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 4:18 pm 
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NO I am not believing any salesman.... I am believing the licencing agency PRS. PRS is not SC or any other manufacture...they do not sell any tracks.
I am not familiar with all of the brands you list however the ones I do recognize are UK brands subject to PRS licencing with the exception of All-Star. All-star has stated if using tracks for professional use to order them on custom CDG and have the "personal use" statement in the T.O.S that can be found on the site.

I do not expect anyone to "take my word for what I am saying" I STRONGLY ADVISE everyone to contact PRS and get the information direct. Yes it is a PITA to follow up on all this conflicting information and it did take me months to research this but when you realize that it is your business and your venues at risk you do what you have to do.

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Last edited by kjathena on Sat Sep 15, 2012 4:25 pm, edited 1 time in total.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 4:20 pm 
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Since we are having nearly identical conversations simultaneously on two threads, I will just copy and paste this response to the other.

KJAthena,

In your comments here you have provided no evidence to back up what you claim.
When asked for evidence, you have merely quoted yourself.

I have made the claim that legally purchased downloads are legal in the United States, and I offered actual proof. I don’t mind you making fun of me with your used car salesman comment, yet you offered absolutely nothing in terms of actual proof of your position.

Once again I shall offer actual proof of my statement:


Quote:
Copyright Law of The United States
Title 17 of the United States Code

Chapter 1
§ 109
(a) Notwithstanding the provisions of section 106(3), the owner of a particular
copy or phonorecord lawfully made under this title, or any person authorized by
such owner, is entitled, without the authority of the copyright owner, to sell or
otherwise dispose of the possession of that copy or phonorecord.

Chapter 6
§ 602
(a) Infringing Importation or Exportation.—

(1)Importation.—Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords
of a work that have been acquired outside the United States is an infringement
of the exclusive right to distribute copies or phonorecords under section 106,
actionable under section 501.
(2) Importation or exportation of infringing items.— Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable, is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under sections 501 and 506.

(3) Exceptions.—This subsection does not apply to—

(B) importation or exportation, for the private use of the importer or
exporter and not for distribution, by any person with respect to no more
than one copy or phonorecord of any one work at any one time, or by
any person arriving from outside the United States or departing from the
United States with respect to copies or phonorecords forming part of such
person’s personal baggage;


As you can see, importation of a lawfully made copy is legal.
In fact these are the same laws you would site to justify your importation of your custom discs. If you choose to maintain that your importation of custom discs is a legal act, then you must agree that it is the same with a download, or admit that you will ignore the law to get what you want (just like a pirate would).

Your premise is flawed.
Your argument is flawed.
Your logic is flawed.
And your double standard is glaring.
Of course in addition to risk, we all choose our own levels of integrity, and honesty that we are willing to accept for ourselves.

kjathena wrote:
I wish I had run into more people like you when I was part owner in a used car lot :mrgreen: I would have made a lot more $$$$

I'm not surprised you were that kind of used car salesman. I'll bet you sold a bridge or two in your time as well. It appears you are still trying to sell the "shine" to unsuspecting consumers.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 4:34 pm 
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earthling12357,
To borrow your words

Your premise is flawed.
Your argument is flawed.
Your logic is flawed.

UK companies have been banned from importing CDG's since early last year. The only exception is 1 of sales directly to a consumer. Try and buy recent Sunfly discs from a US retailer or brick and mortar you will find you can not do so...same with any other UK company still in business.

Oh and by the way I never sold cars...I owned interest in a used car lot.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 4:43 pm 
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kjathena wrote:
earthling12357,
To borrow your words

Your premise is flawed.
Your argument is flawed.
Your logic is flawed.

UK companies have been banned from importing CDG's since early last year. The only exception is 1 of sales directly to a consumer. Try and buy recent Sunfly discs from a US retailer or brick and mortar you will find you can not do so...same with any other UK company still in business.

Oh and by the way I never sold cars...I owned interest in a used car lot.


Is this a bait and switch tactic?
I'm sure we were talking about the legalities of buying downloads, not CDGs.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 4:53 pm 
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if it was bait and switch I was not the one that did the switch

"As you can see, importation of a lawfully made copy is legal.
In fact these are the same laws you would site to justify your importation of your custom discs. If you choose to maintain that your importation of custom discs is a legal act, then you must agree that it is the same with a download, or admit that you will ignore the law to get what you want (just like a pirate would)."

You were the one that was trying to connect non-applicable rules to CDG's and then link that to allow for downloads.

I have posted what PRS has stated about the LMO L PLUS licencing ....this is the licence that allows for legal downloads in 3/4 ths of the world...(excepting the USA and Canada). I am not expecting anyone to "take my word for it"... I am STRONGLY ADVISING every KJ to research the information themselves.

Why don't you ask your contacts directly if the LOM L PLUS licence allows for sale of downloads in the USA and Canada ? Ask them to send YOU a copy of the licencing agreements from PRS ? Ask then if you can import discs for resale here ? Then ask if they have any other licencing that does allow for downloads in the USA and Canada ?

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 5:28 pm 
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What is the point to siting laws from other countries?
That is misleading.

We are in the United States of America.
It is the laws of the United States that govern our ability to import anything.
That is why I sited the United States law that allows us to import MP3+G downloads as well as your custom CDGs.
If you can't site United States law that prohibits it, then you may as well site law from Liechtenstein because it would be just as irrelevant.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 5:35 pm 
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earthling12357 wrote:
Since we are having nearly identical conversations simultaneously on two threads, I will just copy and paste this response to the other.

KJAthena,

In your comments here you have provided no evidence to back up what you claim.
When asked for evidence, you have merely quoted yourself.

I have made the claim that legally purchased downloads are legal in the United States, and I offered actual proof. I don’t mind you making fun of me with your used car salesman comment, yet you offered absolutely nothing in terms of actual proof of your position.

Once again I shall offer actual proof of my statement:


Quote:
Copyright Law of The United States
Title 17 of the United States Code

Chapter 1
§ 109
(a) Notwithstanding the provisions of section 106(3), the owner of a particular
copy or phonorecord lawfully made under this title, or any person authorized by
such owner, is entitled, without the authority of the copyright owner, to sell or
otherwise dispose of the possession of that copy or phonorecord.

Chapter 6
§ 602
(a) Infringing Importation or Exportation.—

(1)Importation.—Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords
of a work that have been acquired outside the United States is an infringement
of the exclusive right to distribute copies or phonorecords under section 106,
actionable under section 501.
(2) Importation or exportation of infringing items.— Importation into the United States or exportation from the United States, without the authority of the owner of copyright under this title, of copies or phonorecords, the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable, is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under sections 501 and 506.

(3) Exceptions.—This subsection does not apply to—

(B) importation or exportation, for the private use of the importer or
exporter and not for distribution, by any person with respect to no more
than one copy or phonorecord of any one work at any one time, or by
any person arriving from outside the United States or departing from the
United States with respect to copies or phonorecords forming part of such
person’s personal baggage;


As you can see, importation of a lawfully made copy is legal.
In fact these are the same laws you would site to justify your importation of your custom discs. If you choose to maintain that your importation of custom discs is a legal act, then you must agree that it is the same with a download, or admit that you will ignore the law to get what you want (just like a pirate would).

Your premise is flawed.
Your argument is flawed.
Your logic is flawed.
And your double standard is glaring.
Of course in addition to risk, we all choose our own levels of integrity, and honesty that we are willing to accept for ourselves.


Athena's position on this is the legally correct one; neither her premise, nor her argument, nor her logic is flawed, and she is not applying a double standard.

UK-licensed downloads are licensed under the LOML+ ("Limited Online Music License Plus") licensing regime. That license, by its express terms (simply go to prsformusic.com and search for that license) expressly prohibits distribution to the United States and Canada. UK-licensed physical media for karaoke are licensed under the KAR license, which also expressly prohibits distribution to the United States.

However, the mere fact that MCPS policy prohibits distribution to the United States is irrelevant if the physical disc is sold in the UK and imported into the US by the purchaser. Under those circumstances, US law would apply to the importation, because there is a physical thing that is being imported. Under the provision you cited, a single disc imported by the purchaser for private use is not subject to the importation provision of the Copyright Act. The key is "private use." That term is generally defined to exclude commercial use...but if it is imported for private use, then converted to commercial use, and--and this is key--the only context in which the disc is used commercially is in a show in a PRO-licensed (ASCAP/BMI/etc.) venue, then all is very probably legal, or at least difficult for any rights holder to maintain an action for.

Downloads, by contrast, do not involve an intervening sale in the UK followed by importation. Unless you go to the UK, download, then bring it over on physical media, there is no delivery in the UK because there is no physical product over which you have custody in the UK. (By contrast, a disc shipped F.O.B. London legally becomes the purchaser's property when it is handed over to the carrier.) That means that a direct download to the US is very likely a violation of UK law because it is an act outside the scope of the MCPS license--unless, of course, permission is obtained directly from the rights holders.

This is an enormously complicated area of the law--one that is difficult enough for attorneys specializing in this area to navigate, much less laypersons with limited knowledge of copyright law. I'm certain that another attorney, properly motivated, could articulate an argument taking a position different from mine given above. For that reason, it really isn't a question of "integrity," and I find it exceptionally rude when people imply the absence of integrity on the part of those with whom they disagree simply based on the disagreement.


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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 5:42 pm 
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Earthling 12357,

THAT is the point...there is NO licencing in this country that allows for legal professional use downloading at this time. That is why the majority of sites place the disclaimer in the T.O.S

Even Tom from Stellar attempted to educate those on this forum as to some of the finer points of karaoke licencing here in this country

And IF you take the time and effort to check you will find that imports for resale have been banned in this country since early last year.I used to be able to purchase batch lots of UK discs. Before the ban.

I may not like the facts as they are, however that does not change them. When/if the situation changes and licencing becomes available it will make things easier for everybody involved.

Harringtonlaw,

Thank you for posting the site to get a copy of the documents and attempting to educate those here on these points as well.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 5:47 pm 
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earthling12357 wrote:
What is the point to siting laws from other countries?
That is misleading.


I haven't see anyone citing laws from other countries. The MCPS licenses are not UK laws. MCPS is a private, or semi-private, organization that manages music licensing as an agent for music publishers. (Much like the Harry Fox Agency, ASCAP, and BMI.)

earthling12357 wrote:
We are in the United States of America.
It is the laws of the United States that govern our ability to import anything.
That is why I sited the United States law that allows us to import MP3+G downloads as well as your custom CDGs.
If you can't site United States law that prohibits it, then you may as well site law from Liechtenstein because it would be just as irrelevant.


You haven't cited a US law that allows MP3+G downloads without the permission of the music publisher.

If you are referring to § 109, you have skipped over five important words: "lawfully made under this title"

"Lawfully made under this title" means that the copy that was made was legally made under the Copyright Act. If the making of that copy required the permission of someone else (such as a music publisher), then if that permission was not obtained, § 109 does not apply. (The MCPS licenses no longer constitute permission to make copies under US law.)

I did not, in my discussion above, get into the more technical side of things, but in my considered view, there is no such thing as "importing a download" unless you are physically bringing media across national lines. When you "download," you are making a local copy from a file stored on a server. If you download an MP3+G from a UK-based server to your US-based computer, you are making a copy of the MP3+G file in the US. In that scenario, if you do not have a license that allows you to make that copy, then it is a copyright infringement under US law. The LOML+ license does not cover copies made in the US.


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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 8:05 pm 
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When I feel I have to know this much crap about copyright law regarding karaoke, i am getting out of the business.....

-Chris

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 8:45 pm 
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Chris,
If you are going to be in the karaoke business it is better to make informed decisions than to be in the dark :thinkin:
I have learned to research and question everything...then of course I did have the benefit of a number of hours getting educated on licencing by Norbert when we went to NC for audits and that talk did pique my curiosities.

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 Post subject: Re: MP3+G
PostPosted: Sat Sep 15, 2012 9:23 pm 
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Who is currently prosecuting Kjs for using legal downloads in a commercial environment? Show me one.


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