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PostPosted: Fri Mar 01, 2013 2:11 am 
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JoeChartreuse wrote:
HarringtonLaw wrote:
Lonman wrote:
Even BC - Studio Manager at SC stated that all licensing on 8125 was paid up 'to the point of what was sold'. They had to pull the remainder & not sell anymore, but what was sold was authorized. This was stated YEARS ago on SC board.


This is 100% accurate.

The sales that were made were authorized. Just because you want something to be false doesn't make it so, Joe.



Yes, Lon is 100% correct- I agree.

However, SC limited their liability after the fact in regard to the SC8125 discs already distributed, never at the time of sale. Liability limitation, not licensing. The SC8125 discs were not licensed at the time of sale.

Just because you want something to be true doesn't make it so, Jim.

The way BC described it was they already had licensing for their instrumental tracks which they had on tape. Everything else they had done up to that point for when they made the switch to cdg, they had submitted for the graphics - true - it was before the fact, but they hadn't been denied up until that point. When they were denied for the graphics on the Eagles disc, they had to pay up for what they had sold & pull the rest in the pipeline - which makes any 8125 disc put out fully licensed for kj's to use just as any other, they were just not allowed to sell anymore once they got the denial.

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PostPosted: Fri Mar 01, 2013 7:31 am 
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Regardless of the past situation, one could conclude that a manufacturer's assumption that the permissions are going to occur post production AND post-sale indicate a level of arrogance most would not be comfortable with.


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PostPosted: Fri Mar 01, 2013 11:11 am 
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doowhatchulike wrote:
Regardless of the past situation, one could conclude that a manufacturer's assumption that the permissions are going to occur post production AND post-sale indicate a level of arrogance most would not be comfortable with.
I don't think arrogance had anything to do with. CDG was JUST coming out in the early 90's. If they had license for the non-graphc instrumental, the snyc license wasn't quite clear as to cdg's weren't fully defined so making the cdgs were done under the original license. The manus thought they would be considered phonorecords (like cd's), it was later that they were considered audio/visual works. In SC case, one came to bite them in the arse - 8125.

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PostPosted: Fri Mar 01, 2013 1:04 pm 
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Lonman wrote:

........... When they were denied for the graphics on the Eagles disc, they had to pay up for what they had sold & pull the rest in the pipeline - which makes any 8125 disc put out fully licensed for kj's to use just as any other, they were just not allowed to sell anymore once they got the denial.



Lon, I'm not sure that you are right- or wrong- on this, but only because of a gray area.

Yes, SC paid up, and were no longer liable. However, the whole karaoke industry is a gray area. While manufacturers can obtain licencing to produce and distribute, The publishers/owners have never really stepped to the plate in regard to usage.


I'm not talking about download vs media shift vs OMD, I'm speaking of the whole shabang.

We hosts pretty much exist through the sufference of the owner/publishers. If they ever decide to come after us, they may well have a case- at the least- for a Cease & Desist, and depending on media, maybe more.

To my knowledge, none of the publisher/owners came up with a blanket license for use in a show. BMI, ASCAP, SESAC, etc. are basically another set of "turn a blind eye" for payment groups, as the artists that have to sue them for what they are owed would attest. Even if that were not the case, they only cover fully public venues, not all shows.

In other words, they only license the VENUE to have karaoke, and each group can only license what they cover under their membership. They do not license the KARAOKE HOST for use.

Lon, I'm not saying that I disagree with you, only that it's still an untested gray area, so can't be certain.

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PostPosted: Fri Mar 01, 2013 1:15 pm 
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I have always believed, and have talked with the PRO houses, that if the club is paying their fees, then all is well for what is played.

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PostPosted: Fri Mar 01, 2013 2:38 pm 
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Lonman wrote:
I have always believed, and have talked with the PRO houses, that if the club is paying their fees, then all is well for what is played.



No argument from me. If we all didn't work on that assumption, we couldn't run our shows..

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PostPosted: Fri Mar 01, 2013 2:48 pm 
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JoeChartreuse wrote:
Lonman wrote:
I have always believed, and have talked with the PRO houses, that if the club is paying their fees, then all is well for what is played.



No argument from me. If we all didn't work on that assumption, we couldn't run our shows..

I called ASCAP directly. That's what I was told - the assumption on my part is that the other 2 (BMI/SESAC) hold the same feelings, but since BMI has karaoke as an optional additional fee license, I will stand by my original belief.

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PostPosted: Mon Mar 04, 2013 3:56 pm 
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MadMusicOne wrote:
...Ok, well let me throw the following at ya
...Nothing personal here but just wanted to try to go back to Chris's original post here, for a few minutes, with this response. I know most of his scenarios were in reference to Manufacturers' Originals and the use of Backups in Commercial Settings.

...For anyone who doesn't know (most here do), Stellar Records (part of Pop Hits and some other represented Karaoke Brands) offered a CAP Program, starting a couple years back, to any KJ that had acquired any of their music illegally on a hard drive (knowingly, unknowingly or even scammed by a seller). I don't know how many KJs took advantage of the program but Chris did and has written about his experiences, here at this forum and at some other places on the net. To the best of my knowledge, he is in the clear and in good standing with Stellar. I do applaud his efforts to operate his business legally and his support to the Industry as a whole. Never the less, here is the link to some of his experiences with Stellar:
http://afairrotation.wordpress.com/2011 ... p-program/

...Personally I don't know what Stellar requires from someone who wants or wanted to purchase a CAP Program. Do they require the owner to provide a list of the tracks on that drive? Do they require a picture/s of that drive along with Make, Model and Serial Number? Do they send you a special sticker for that drive? If running multiple systems, can you break up the Stellar tracks from that drive and dedicate them to multiple drives? Finally, when you no longer want that CAP Approved Stellar Drive, can you resale that drive legally like an Approved Chartbuster Hard Drive or SD Card ?

...I'm guessing he is allowed to make a backup of that drive, such as we do with CDGs in order to run a show off of a laptop. Chris has also stated that he runs more than one system and I believe he has stated that not all systems have the same music on them (the hard drives). I'm guessing that he has only one CAP Approved Stellar Drive? So I'm assuming that he's elected to copy that music over to another drive, a drive that also contains other Karaoke Music that he uses in one of his shows. Now with that in mind, what would happen if one day, from out of the blue, he grabbed that ole CAP Approved Stellar Drive (remember, this is his Original), plugged it into his laptop and found out the hard drive was dead?

...Would he:
#1) Have the right to play off of a Backup Drive when his Original (CAP Approved Stellar Drive) has been Rendered Unplayable? ....or
#2) Have to delete all of his Stellar Music from any and all backup drives? .....or
#3) Have to go out and purchase as many Stellar CDGs to match his drive and delete the rest? ....or
#4) Call up Stellar and ask about a replacement program? Keep in mind, there's a chance that many of the tracks on that dead drive might not be available anymore through Stellar or any other outlet....or
#5) Find some illegal hard drive seller, buy an illegal hard drive that contains those Stellar Tracks and move on?

...Was just curious, that's why I ask.


...Decided to bump this up because I was hoping to get some feedback (perhaps from Chris or a Stellar-Pop Hits Monthly Rep.) or anyone else for that matter. Most of us understand the 1:1 requirements of CDG to Hard Drive but I had never really thought that much about Stellar's CAP Program until Chris brought up the subject of Originals vs. Backups..... so, Anyone?


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PostPosted: Mon Mar 04, 2013 8:00 pm 
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PHM CAP program if I understand correctly is for those that bought a hard drive (either knowingly or got duped into thinking it was legit), can certify their PHM songs without the original discs by paying PHM $3500 per system. This covers the entire PHM library (including some other brands that they acquired) up to 2007.

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PostPosted: Mon Mar 04, 2013 8:40 pm 
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Lonman wrote:
PHM CAP program if I understand correctly is for those that bought a hard drive (either knowingly or got duped into thinking it was legit), can certify their PHM songs without the original discs by paying PHM $3500 per system. This covers the entire PHM library (including some other brands that they acquired) up to 2007.


...I hear ya. Actually, Tony from PHM, called me about my interests in some filler Stellar-PHM music cdgs around a year & half ago. We had some very good discussions about the Karaoke Industry (past and present). The CAP Program did come up but not in full detail. I had no need for it myself, just wanted to purchase some cdgs.

...However, once this thread was started, it got me wondering about the Program and the actual drive that was being covered by Stellar (basically the 5 questions under the "Would he") section in my last post.

...Just remember, there's a chance, someday, that Chris might want to or decide to get out of the business and begin to sale off his systems and the music. So, can he legally sale the drive as an Original or is he just stuck with it? I don't know?


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PostPosted: Mon Mar 04, 2013 10:32 pm 
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CAP info here -

http://www.stellarrecords.com/cap_info.html

In short, a CAP is designed to allow someone to legitimize a library that may have been acquired without original discs or contains material from illegitimate sources. ie; a loaded hard drive.

-Chris

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PostPosted: Tue Mar 05, 2013 4:39 am 
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chrisavis wrote:
CAP info here -

http://www.stellarrecords.com/cap_info.html

In short, a CAP is designed to allow someone to legitimize a library that may have been acquired without original discs or contains material from illegitimate sources. ie; a loaded hard drive.

-Chris


...Guess the link and the price were the only things I left out? However, since you started the Originals vs. Backups thread and posted some legality questions, I had some questions about what a person is allowed to do with CAP Approved Drive (besides use it), in the event the drive was rendered unplayable or you might want to resale it. Just thought you might be able to answer those questions. No biggie, if I want those questions answered I can always call Tony at PHM but since I don't have one, it's not really any of my concern. Thanks anyway!


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PostPosted: Tue Mar 05, 2013 9:37 am 
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MadMusicOne wrote:
chrisavis wrote:
CAP info here -

http://www.stellarrecords.com/cap_info.html

In short, a CAP is designed to allow someone to legitimize a library that may have been acquired without original discs or contains material from illegitimate sources. ie; a loaded hard drive.

-Chris


...Guess the link and the price were the only things I left out? However, since you started the Originals vs. Backups thread and posted some legality questions, I had some questions about what a person is allowed to do with CAP Approved Drive (besides use it), in the event the drive was rendered unplayable or you might want to resale it. Just thought you might be able to answer those questions. No biggie, if I want those questions answered I can always call Tony at PHM but since I don't have one, it's not really any of my concern. Thanks anyway!


The CAP agreement does require you to provide a serial number for a drive. They do allow you to transfer to a new drive by just notifying them in writing with a new serial number. While not specifically spelled out, I assume this is to account for drive failures.

I don't recall if the CAP is transferable or not. For that I would need to dig out the paperwork which I don't have access to at the moment.

-Chris

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PostPosted: Wed Mar 06, 2013 3:39 am 
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...Thanks for the extended info, Chris. I would hope that you or anyone else who entered into and paid for the CAP Program would be allowed to resale those approved drives, if they elect.


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