Karaoke Forums

I'm just a karaoke singer but I've made hundreds of Homemade karaoke tracks and I've never had a KJ refuse to play one of them because they were homemade. I've run into a couple of KJs who wouldn't play any discs at all, which caused a problem, but I just don't go back to thsoe places often, if at all.

I have gone to a handful of places that would play my homemade discs as long as I didn't have any Sound Choice tracks on them, as they banned all Sound Choice products from their shows. The guy plays them happily if he doesn't see any Sound Choice logos on the screen though.

Have to be a bit more specific.

The question would have to be directed toward tracks made by using software to add lyric swipes to an already published artist's music.

Using the music alone would be the same as singing with the Jukebox, and no problem.

If the track is created by the singer, using the singers original music and lyrics ( believe it or not, I've run into this several times) not only is it OK in general, but since the music and lyrics are not from an ASCAP/BMI/SESAC artist, they can be used by that singer anywhere, regardless of pro fees.

In other words, say a venue normally does not offer any entertainment, or anything else on those orgs. fee schedule.
A little bar with no jukebox, one TV, and and maybe a radio.

If they wanted that singer to come in do a show of all original unpublished music, there is nothing those organizations can do about it, and they would be entitled to nothing.

We recently had a run of these orgs. going after places with cover bands. They hit a snag with bands that played all original and unpublished music.

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"No Contests, No Divas, Just A Good Time!"

" Disc based and loving it..."

Uh.... I would assume (and yes, I WILL use that word), that the term "Homemade Karaoke Tracks" implies music and graphics (word-swipes) together as one. How it's made, and through what software, does not matter.

I am running under the assumption that someone located a backing track/B-Side that was *NOT* originally produced as a karaoke track by any karaoke manufacturer then created the .CDG file to go with it.

-Chris

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-Chris

...Guess I should have went into deeper details by including all copyrighting music. My bad, I went under the assumption rule here (Homemade Karaoke using copyrighted music with modern day graphics/swipes). However, after doing a quick internet search of, "does a songwriter have to license their music?" I came upon this site:
http://www.nolo.com/legal-encyclopedia/ ... 29833.html

I did a quick read down to this part:
9. Copyright is Automatic
You do not have to register your music with the U.S. Copyright Office in order to get copyright protection. In most countries, including the U.S. and Canada, all that is required for a song to be copyrighted is that it be "original" and "fixed." "Original" means that the song is original to the writer and that it was not copied from another source. A work is "fixed" when it exists in some tangible manner such as sheet music, a tape recording, or saved onto a computer disk.
Even though copyright registration is not necessary to protect your song, it can help protect it from infringement, especially if your song is registered prior to an infringement or within three months of its release (you may be able to recover more money from an infringer in that case). For more information on copyright registration, see Music Law: How to Run Your Band's Business , by Rich Stim (Nolo), or check out the U.S. Copyright Office website at http://www.copyright.gov.

...Now, if I got a hold of a music track, by an unsigned band and decided to make a Karaoke Track out of their music without their permission, that would still be infringing, correct? If I had their written permission to do their music/track, would that be legal, I don't know?

...Even though there's some really cool software for making karaoke tracks and there's also backing tracks out there, I can only assume that an individual that makes a homemade karaoke track out of copyrighted music without written consent, for commercial use (KJ playing that or those tracks at a commercial venue) and or selling, uploading, etc. would be breaking the law. Especially with the other laws and licenses that apply for producing Karaoke Tracks. Am guessing personal use is, OK?

...Just trying to do my homework for extra credit!

My assumptions are as follows:
Copyrighting protects against someone else reproducing and selling the work but someone else can perform the work live. And since a home made reproduction isn't complete, it isn't sold and it's intended use is to perform live, wouldn't this fall under the same rules cover bands perform under (With BMI and the like covering performance rights)?

The prevailing consensus on karaoke licensing is that in order to release a karaoke accompaniment track in the United States, the following licenses are needed:

1. Mechanical license (usually administered by the Harry Fox Agency), which covers the making and distribution of the sound recording; paid to the owner(s) of copyright in the underlying musical work. This license is compulsory as long as the song in question has already been recorded and released with the authorization of the copyright owner.

2. Lyric reprint license, which covers the display of the lyrics on the screen; negotiated with and paid to the owner(s) of copyright in the underlying musical work (although for a small fraction of songs, this will be a separate owner from the music copyright). This license is not compulsory in the United States.

3. Synchronization license, which covers synchronization of the lyrics to the musical accompaniment into an "audiovisual work"; negotiated with and paid to the owner(s) of copyright in the underlying musical work.

In order to play a karaoke track at a show, a fourth license is needed:

4. Public performance license; by convention, paid by the venue where the track is played to ASCAP, BMI, or SESAC (or, rarely, to the songwriters themselves). I say "by convention" because there is no statutory requirement that only venues need licenses; the performing rights societies have elected to enforce licensing only against venues.

There are five exclusive rights of a copyright owner in a musical composition, although only four of them have any practical application to music using current technology. Those rights are:

1. The right to make copies of the music. This right is limited by the compulsory mechanical license mentioned above.
2. The right to adapt the work into other works. This right is also limited by the compulsory mechanical license. It is the source of the obligation to obtain a synchronization license, since making a karaoke track--according to the controlling legal authority--entails adapting a musical composition into an audiovisual work.
3. The right to distribute copies of the music. Again, this is limited by the mechanical license. It is also one of the main divisions between "private" use and "public" use of the work.
4. The right to control public performance of the work. This is the source of the obligation to obtain a public performance license.
5. The right to control public display of the work. This right has no present application of which I am aware.

The failure of the karaoke producer--whether that person is a single individual seeking an evening of fun or a large corporation seeking profits, or anything in between--to obtain the first three licenses for a karaoke track renders the making, sale, or distribution of that track a copyright infringement, subject to any applicable defenses. Likewise, the failure of the venue to obtain appropriate clearance from ASCAP, BMI, or SESAC renders the playing of that track at a "public" show--which might include private events under certain circumstances--a copyright infringement.

That being said, if you made a track for "personal use," as long as it was never played in public, how would the copyright owner ever know that you did it, in order to sue you?

A lot more people will get a ticket for rolling through a stop sign than will ever get into trouble for singing one of their favorite songs at a karaoke bar. I've even had a cop tell me that he gets his songs from an IRC channel.

In order to have the homemade reproduction, you have to make the homemade reproduction.

"Reproduction" is one of the rights of the music copyright owner. When you make a sound recording or audiovisual work from a musical composition, you are "reproducing" the musical composition.

"Adaptation" is also one of the rights of the music copyright owner. When you make a karaoke track (an audiovisual work according to the prevailing view), you are adapting a musical composition into another format.

So, under those circumstances, while the public performance itself wouldn't be an infringement (as long as the PRO licenses were paid), it could lead to discovery of the infringing acts involved in creating the track.

If I had to answer the poll question, the best answer I could give would be "Technically yes, but because it would expose infringing acts, it wouldn't be advisable." And I am an IP lawyer. That being said, if you find yourself in that position, you should seek the advice of your own attorney with regard to the specifics of your situation.

This does not rise to the level of criminal copyright infringement.

The music publishers do vigorously enforce their copyrights against karaoke manufacturers, however.

I can certainly understand and accept that point of view as being very accurate. A reproduction, after all, is a reproduction no matter the intended use. There are probably millions of copyright infringements on Youtube at any given moment. Some copyright holders care, some don't, and probably the worst that happens is those that care have the works removed. I saw a Youtube of Sting doing karaoke. he was singing, "she drives me crazy" by The Fine Young Cannibals.
1) That would definitely be an infringing act (If Sting did not have permission and I would not think it would be beyond a reasonable doubt that he very well might).
2) I doubt very seriously that T.F.Y.C. care It's Sting singing their song.
3) But Sting wasn't even the infringer, it was whoever shot the video and uploaded it.

I would also agree with the point of view that even as an infringement, what is really to be gained from stalking karaoke bars looking to see if an average Joe made a home version of a song you own a copyright for?

I think what James said above is that someone making a song for himself to sing at a karaoke bar does NOT rise to the level of being criminal infringement. Now if I turned around and sold those karaoke files to Sound Choice and they started selling them; the rights holders might come after both Sound Choice and myself. That being said; I'm not worried about it even a little bit. I don't sell my stuff and I don't give it away to anyone unless they are the person that provided me with the backing track of the song.

Before people start asking to have tracks made; I only make songs for other people that I myself would enjoy singing. If you want graphics done for a song that I would never sing; it's gonna cost you a little bit of scratch.

If your homemade tracks are original music and lyrics, then let 'er rip. If they are someone else's music and lyrics, then without permission, they are illegal.

is someone making a track at home to play in his own show "releasing" the track? to me it seems SC, PHM, etc release music (offering for sale to another party) and a kj making a track for his show is merely playing his own track as long as he does not distribute it.


so if we dont distribute copies of it and only play it ourselves, it is still private use?

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

I thought the term was supposed to be for "PERSONAL USE." Therefore, wouldn't it be considered that by creating one's own personal track from a song already in existence, and bringing it to someone's show so that he/she can now sing from it, it would still be PERSONAL USE? ... as versus a KJ creating his own personal tracks from a song already in existence, and he/she now using that track as part of his/her library for others to sing from at his/her show, would be considered COMMERCIAL USE.

You know what? I don't care. I've been making them for years and I will continue to make them "FOR MYSELF" until a judge tells me that I have to stop making them.

that is how i read it

this is tough, everything i have been able to find on commercial use only talks about making available for distribution weather a website, dj remixes, movies, or anything that you are going to sell to an end user. as we are the end user, where does that put us? i just had a house full of people for wrestlemania and they each gave me a few bucks for me getting it. does that make it a commercial venture? do i owe Vince McMahon money because they gave me money to come watch it as opposed to watching it alone?
it is a weird area and nothing seems to be black and white about any of it.

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