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kjathena
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Posted: Tue Oct 07, 2014 9:00 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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chrisavis wrote: Answer just this ONE question -
What positive difference have you made in the karaoke industry - that benefits all of us - as a result of you calling the manufacturers? I have had a positive influence in opening dialog with the publishers that helped them see that SOME kj's were concerned about the industry, they are now aware than not all of those who provide karaoke entertainment are thieves. The KJ's failed to police themselves and stop the problems, The manufactures acted too late to have any real impact on the piracy issues, therefore it stands to reason that the rights holders must be the ones to police the industry. The last thing I think any KJ wants is for those rights holders to just say F it and shut the entire industry down. I was not the only one who had enough gumption to contact them to ask by a long shot, my contribution was positive and valid. I have been accused of being many things but never a ostrich or a coward.
_________________ "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
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jclaydon
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Posted: Tue Oct 07, 2014 9:03 am |
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Joined: Fri Jun 18, 2010 11:16 pm Posts: 2027 Location: HIgh River, AB Been Liked: 268 times
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kjathena wrote: Jclayton, I am not trying to argue with you. I am restating what the legal documents say. I would certainly hope that Joe from Zoom was not misleading anyone .....I personally have not seen Joe from zoom state they were buying worldwide licensing but that does not mean he did not. I question the validity however because Zoom, Sunfly , Mr Entertainer will not allow direct purchases of downloads to USA KJ's but any KJ in the UK, Australia ect are not blocked from purchasing those downloads from sites owned by those manufactures. I recently tried to purchase a 25 disc package from zoom that was advertised on Zooms FB page..and was advised they could not ship them to the USA, now I possibly could change my IP address , get a credit card issued in the UK and buy downloads from them...... If he had in fact purchased licensing directly from the publishers that was worldwide why would these disc packages be restricted?
This discussion made me go over to zooms FB and do some reading. the jukebox series they were selling on eBay would only ship to the UK, and they posted a notice that all newest volumes (volume 23 onwards pop hits) will no longer be offered on disc and sending people to the Select-a-track site to order customs..... Select -a-track blocks sales to the USA and Canada also... why would they turn away money IF they did have worldwide rights from the publishers?
On August 8th zoom offered 20 artist discs for 30 pounds including taxes... the ad itself states we can not ship to the US. All of this would lead me to assume that even with Joe negotiating directly with the publishers the USA is excluded from the licensing otherwise he would be racking in the big bucks selling to all us KJ's how have very little access to new songs of quality. Well i did see announcements from Zoom that they will no longer be selling discs after a certain date. As for not selling directly the US anymore, that does make me pause. Perhaps they changed their minds when they saw how expensive it is to license directly from the publishers. I will send them an email and see what they say. I don't blame the end users for this whole mess, I blame the music industry. Yes and an artist and their publishers SHOULD be compensated for their work/property. But in my opinion it should be done FAIRLY. Requiring excessive fees for 6 different licesnes to make ONE karaoke track is excessive, in my opinion It's almost as if the music publishers are DELIBERATELY trying to kill the karaoke industry in the US and Canada.. *sigh*
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MrBoo
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Posted: Tue Oct 07, 2014 9:17 am |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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James Nailed it. There are all kinds of ways to steal and what the Rights holders are doing certainly qualifies. What some here do not understand is, they won't stop at just going after downloads and they aren't. They are already making it next to impossible for US karaoke makers to do anything. This tale could be written as a modern day Robin Hood and Athena is gaga eyed all over the Sheriff of Nottingham.
Music IP Reform Music IP Reform Music IP Reform
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leopard lizard
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Posted: Tue Oct 07, 2014 9:24 am |
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Joined: Thu Sep 04, 2008 4:18 pm Posts: 2593 Been Liked: 294 times
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If Athena has that much power and influence then I think we need to send her to Washington to straighten out the government.
I think that people who blame her for this have their heads in the sand and aren't looking at what is happening in every other area of I.P. The people who control rights or hold trademarks or copyrights have been trying to sort this out since world trade and the digital age exploded. There has been court case after court case dealing in everything from watches, shampoos, books and yes, music even other than karaoke. Piracy and the competition from cheaper foreign imports are what is driving this. The powers that be are trying to retain their control and power.
Athena has been trying to make us aware of what is already going on. You are shooting the messenger. And a few of those taking aim might look at their own actions. Does coming on here saying you are going to do what you want to do and you aren't worried about legalities appease or inflame the rights holders? Does bragging that you will take the risk and continue to buy from places they have said aren't legal appease or inflame them? How about making fun of people who are trying to understand what is going on so that they can run their business in a legal manner? I would have to think that publically stating that you will do what you want and encouraging others to do the same would cause just as much if not more of an inflammatory reaction as someone who has simply asked for clarification on how to legally utilize someone else's intellectual material in their business.
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JimHarrington
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Posted: Tue Oct 07, 2014 9:54 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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MrBoo wrote: They are already making it next to impossible for US karaoke makers to do anything. I'm not sure I agree with this 100%, but I will point out something from the Sony complaint against SC: Quote: 38. Alternatively, the SLEP Defendants have materially contributed to and induced the unlawful use of Plaintiffs' sound recordings, or have failed to exercise their respective rights and abilities to control the conduct of those responsible for the infringement, thereby deriving a financial benefit from the infringement. The bolded part above, "Plaintiffs' sound recordings," is what I find curious. As you are all (hopefully) well aware, the various companies that comprise Sony/ATV do not make sound recordings. They are music publishers, meaning that they are the owners or administrators of the composition copyright in various musical works. It is unclear from the complaint how it is that Sony owns any sound recordings that would be the subject of infringement by any karaoke producer.
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kjathena
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Posted: Tue Oct 07, 2014 9:56 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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MrBoo wrote: James Nailed it. There are all kinds of ways to steal and what the Rights holders are doing certainly qualifies. What some here do not understand is, they won't stop at just going after downloads and they aren't. They are already making it next to impossible for US karaoke makers to do anything. This tale could be written as a modern day Robin Hood and Athena is gaga eyed all over the Sheriff of Nottingham.
Music IP Reform Music IP Reform Music IP Reform I must thank you sincerely MrBoo....in the last day I have been called a plethora or names and been labeled with many attributes, but your modern day Robin Hood reference was by far the most hilarious...I really needed a hearty laugh. BTW I happen to agree that we do need IP laws reformed.
_________________ "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
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MrBoo
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Posted: Tue Oct 07, 2014 10:07 am |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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And the Robin Hood thing was meant to add some humor while making a point.
For me, here's the deal: No one really knows what is legal and what isn't due to how convoluted the current laws\system are. Of course if you ask the publishers they are going to give you an opinion favorable to them. In this case if you ask Harrington, he will give you an opinion favorable to SC on the topic. Ask Zoom, Ask SBI, Ask an of them and you will get that many different opinions. So if none of these smart people know the answer, then how are we suppose to? You can ask a lawyer. He will give you his opinion. You can another, and he will give you his. There is Black and white, there is all kinds of shades of gray, then there is this mess.
This part is for Harrington's comments As for Sony, I believe they are referring to the Music Rights, which were given to them. And the claim that SC failed to control it's customers is flat out laughable. They are the only ones that have tried to completely and totally control their products. But, Sony tends to think otherwise.
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JimHarrington
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Posted: Tue Oct 07, 2014 10:15 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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MrBoo wrote: As for Sony, I believe they are referring to the Music Rights, which were given to them. And the claim that SC failed to control it's customers is flat out laughable. They are the only ones that have tried to completely and totally control their produces. But, Sony tends to think otherwise. I am certain that Sony's lawyers know and understand the difference between the copyright in a composition (which you are referring to, and which Sony may own or control) and a sound recording (which is what the complaint refers to, and which Sony does not own).
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chrisavis
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Posted: Tue Oct 07, 2014 10:17 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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kjathena wrote: chrisavis wrote: Answer just this ONE question -
What positive difference have you made in the karaoke industry - that benefits all of us - as a result of you calling the manufacturers? I have had a positive influence in opening dialog with the publishers that helped them see that SOME kj's were concerned about the industry, they are now aware than not all of those who provide karaoke entertainment are thieves. The KJ's failed to police themselves and stop the problems, The manufactures acted too late to have any real impact on the piracy issues, therefore it stands to reason that the rights holders must be the ones to police the industry. The last thing I think any KJ wants is for those rights holders to just say F it and shut the entire industry down. I was not the only one who had enough gumption to contact them to ask by a long shot, my contribution was positive and valid. I have been accused of being many things but never a ostrich or a coward. I am not accusing you of being an ostrich or a coward. You should extend the same courtesy to me. I made a choice to not go calling Sony, Universal and the others because there was nothing good that was going to come out of it. I am sure they were aware that not all KJ's were thieves because there are (well...were....) plenty of companies selling product to us. There is plenty of product being sold through eBay. So I don't think you clued them into anything other than YOU aren't a thief. Which brings us back to......you haven't done anything positive for the industry that benefits the rest of us.
_________________ -Chris
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jclaydon
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Posted: Tue Oct 07, 2014 10:20 am |
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Joined: Fri Jun 18, 2010 11:16 pm Posts: 2027 Location: HIgh River, AB Been Liked: 268 times
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HarringtonLaw wrote: MrBoo wrote: As for Sony, I believe they are referring to the Music Rights, which were given to them. And the claim that SC failed to control it's customers is flat out laughable. They are the only ones that have tried to completely and totally control their produces. But, Sony tends to think otherwise. I am certain that Sony's lawyers know and understand the difference between the copyright in a composition (which you are referring to, and which Sony may own or control) and a sound recording (which is what the complaint refers to, and which Sony does not own). Can you comment or do you have any idea why the Karaoke Channel is mentioned in your complaint when Sounchoice/Sleptone no longer owns the copyrights to those sound recordings?
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MrBoo
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Posted: Tue Oct 07, 2014 10:22 am |
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Joined: Tue Jul 31, 2012 3:35 am Posts: 1945 Been Liked: 427 times
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HarringtonLaw wrote: I am certain that Sony's lawyers know and understand the difference between the copyright in a composition (which you are referring to, and which Sony may own or control) and a sound recording (which is what the complaint refers to, and which Sony does not own). I think you have a sound start to the defense on this section as they did mess that one up big time. For the record, I am totally behind SC (and the others) on this one.
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chrisavis
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Posted: Tue Oct 07, 2014 10:37 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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leopard lizard wrote: If Athena has that much power and influence then I think we need to send her to Washington to straighten out the government.
I think that people who blame her for this have their heads in the sand and aren't looking at what is happening in every other area of I.P. The people who control rights or hold trademarks or copyrights have been trying to sort this out since world trade and the digital age exploded. There has been court case after court case dealing in everything from watches, shampoos, books and yes, music even other than karaoke. Piracy and the competition from cheaper foreign imports are what is driving this. The powers that be are trying to retain their control and power.
Athena has been trying to make us aware of what is already going on. You are shooting the messenger. And a few of those taking aim might look at their own actions. Does coming on here saying you are going to do what you want to do and you aren't worried about legalities appease or inflame the rights holders? Does bragging that you will take the risk and continue to buy from places they have said aren't legal appease or inflame them? How about making fun of people who are trying to understand what is going on so that they can run their business in a legal manner? I would have to think that publically stating that you will do what you want and encouraging others to do the same would cause just as much if not more of an inflammatory reaction as someone who has simply asked for clarification on how to legally utilize someone else's intellectual material in their business. For the record, I do not think that Athena alone caused this. In fact, it is more probable that Athena's actions along with the rest that have called are completely insignificant and all of this would have happened anyway. But one thing for sure is that Athena and the rest made sure that SOMEONE was taking calls from KJ's asking questions that we don't even really need the answers to. Someone had flies buzzing about them. Enough flies and someone will get pissed off and say enough. When it comes to discs, it isn't that hard to determine what is legitimate and what is not. Or is it? How many threads have we had on just SC8125 alone? Much less entire brands? None of the greats are left. NONE. When it comes to downloads, we all know that as far as karaoke is concerned, it is a contentious issue at best. There will be those (me) that promote downloads because karaoke was in the dark ages for so long when it came to digital distribution. The sources I purchase from from claim to have all the correct licensing. I feel I have done more than enough work on my own to verify this short of calling the big house rights holders. I am going to continue to buy downloads for new music until they are sued out of existence or the issue is resolved and downloads are the norm. My past statements about discs being a dead format....I stand by them. It is cost prohibitive to produce discs, there isn't a big enough market for discs, and statistically zero NEW KJ's start up their businesses using discs. IF karaoke is to survive with NEW content for CURRENT material, the powers that be MUST allow for digital distribution.
_________________ -Chris
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kjathena
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Posted: Tue Oct 07, 2014 10:52 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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The questions needed answers.... The issues effected not only my business but the businesses of ALL Legit KJ's. I have taken the time to question other KJ's, to question manufactures AND to question publishers in order to get the answers. If there were any other sources I would have contacted them also.
I then freely shared the information even while being ridiculed berated and called names.
We make our living providing karaoke and have done so for many years. Maybe someday your wish for digital product will occur but until it does happen original manufacture DISCS as archaic as you find them to be offer a layer of protection.
Now a question for you Chris what have you done that had a positive impact on the karaoke industry as a whole ?
_________________ "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
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chrisavis
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Posted: Tue Oct 07, 2014 11:11 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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kjathena wrote: We make our living providing karaoke and have done so for many years. Maybe someday your wish for digital product will occur but until it does happen original manufacture DISCS as archaic as you find them to be offer a layer of protection. Protection.......from.....what? kjathena wrote: Now a question for you Chris what have you done that had a positive impact on the karaoke industry as a whole ? Nothing. I never claimed that I have.
_________________ -Chris
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Lonman
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Posted: Tue Oct 07, 2014 11:49 am |
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Joined: Mon Dec 10, 2001 3:57 pm Posts: 22978 Songs: 35 Images: 3 Location: Tacoma, WA Been Liked: 2126 times
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chrisavis wrote: kjathena wrote: Now a question for you Chris what have you done that had a positive impact on the karaoke industry as a whole ? Nothing. I never claimed that I have. He bought his music vs stealing it!
_________________ LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
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kjathena
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Posted: Tue Oct 07, 2014 11:56 am |
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Joined: Tue Jun 15, 2010 3:51 pm Posts: 1636 Been Liked: 73 times
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Oh yes that is correct you stated you promote downloads that are contentious at best because you believe/feel that the industry was left in the dark ages too long.... Gee I wonder how that kind posting makes the publishers feel ? They do read these forums you know. I seriously doubt it gives them a positive opinion of some KJ's or warm fuzzy feelings.
I know I have made a positive impact for the industry as a whole...I have no need to lay it out for you or anyone else.
And Yes he did buy his music instead of stealing it.
_________________ "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
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chrisavis
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Posted: Tue Oct 07, 2014 12:07 pm |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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kjathena wrote: Oh yes that is correct you stated you promote downloads that are contentious at best because you believe/feel that the industry was left in the dark ages too long.... Gee I wonder how that kind posting makes the publishers feel ? They do read these forums you know. I seriously doubt it gives them a positive opinion of some KJ's or warm fuzzy feelings.
I know I have made a positive impact for the industry as a whole...I have no need to lay it out for you or anyone else.
And Yes he did buy his music instead of stealing it. I am sure everyone here cares about the feelings of Microsoft, Chase Bank, and Chrysler. Those poor folks need our love and attention. They know that their lobbying of congress and working the system to maintain a draconian hold on copyrights isn't doing any favors for anyone but themselves. Me saying that they are in the dark ages isn't news to them and I don't believe for a minute that anyone on their end who might be reading this is doing anything but smirking. Don't back peddle, Athena. Don't give us a non-answer to a question then make a claim and then withhold proof. Like many of us, your contribution is extremely localized. I contribute on a broader scale through these forums. Unlike you, I have never tucked tail and run when I face criticism.
_________________ -Chris
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JimHarrington
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Posted: Tue Oct 07, 2014 12:21 pm |
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jclaydon wrote: Can you comment or do you have any idea why the Karaoke Channel is mentioned in your complaint when Sounchoice/Sleptone no longer owns the copyrights to those sound recordings? Anything I might say about their reasoning would necessarily constitute speculation on my part. I don't normally comment on pending litigation, but I am going to make an exception in this case because in this complaint, Sony has overstepped any reasonable interpretation of the law. It is plain that Sony conducted no pre-suit investigation at all about most of its allegations. Sony didn't even list the correct address for SC's headquarters--something that changed more than a year ago. As for the KC stuff, I don't think that it's any secret that Sound Choice carried a link to the Karaoke Channel on its website for some time as a courtesy to Stingray. SC never received any compensation for that link, nor did it track who followed that link or know who, if anyone, made a purchase. To attempt to hold SC responsible for any infringement that may have occurred there--which is doubtful to begin with--is a stretch, to say the least. It would be like holding someone responsible for copyright infringement by the New York Times simply by linking to the Times's website.
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kjathena
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Posted: Tue Oct 07, 2014 12:46 pm |
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chrisavis wrote: kjathena wrote: Oh yes that is correct you stated you promote downloads that are contentious at best because you believe/feel that the industry was left in the dark ages too long.... Gee I wonder how that kind posting makes the publishers feel ? They do read these forums you know. I seriously doubt it gives them a positive opinion of some KJ's or warm fuzzy feelings.
I know I have made a positive impact for the industry as a whole...I have no need to lay it out for you or anyone else.
And Yes he did buy his music instead of stealing it. I am sure everyone here cares about the feelings of Microsoft, Chase Bank, and Chrysler. Those poor folks need our love and attention. They know that their lobbying of congress and working the system to maintain a draconian hold on copyrights isn't doing any favors for anyone but themselves. Me saying that they are in the dark ages isn't news to them and I don't believe for a minute that anyone on their end who might be reading this is doing anything but smirking. Don't back peddle, Athena. Don't give us a non-answer to a question then make a claim and then withhold proof. Like many of us, your contribution is extremely localized. I contribute on a broader scale through these forums. Unlike you, I have never tucked tail and run when I face criticism. Believe whatever you want Chris....I do not owe you any proof and will not be provoked into prematurely releasing information given in confidence. Everyone however should temper internet postings that may be seen by those who DO hold rights. I have never tucked tail and run due to criticism...I left these forums at the request of my husband because the BS was effecting my health... nothing more nothing less. It gets very tiring to repeatedly attempt to get people to see what they do not want to see.
_________________ "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
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Paradigm Karaoke
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Posted: Tue Oct 07, 2014 5:22 pm |
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Joined: Thu Aug 12, 2010 6:24 pm Posts: 5107 Location: Phoenix Az Been Liked: 1279 times
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KJAthena wrote: The last thing I think any KJ wants is for those rights holders to just say F it and shut the entire industry down. I was not the only one who had enough gumption to contact them to ask by a long shot, my contribution was positive and valid. but getting them involved has essentially shut the industry down. CB, gone, sued by the rights holders SC, all but gone and being sued by the rights holders PHM, gone, sued by the rights holders SF, ZM, SBI cut off from U.S. (no songs for you) by the rights holders all of this after some people started making a lot of noise and geting the money hungry publishers involved. so how was the removal of all our content makers a positive contribution? Sony also suing SC, are you going to dump those discs because Sone said they are illegal? i didn't think so. you are only applying your "positive" to what you want it to be. either do whats right, or don't. selectively right is wrong, but coming saying Gai is wrong because Sony says so but not hold others to that is a problem. HarringtonLaw wrote: It is plain that Sony conducted no pre-suit investigation at all about most of its allegations. Sony didn't even list the correct address for SC's headquarters--something that changed more than a year ago. gee, where have we heard that exact thing happening and it was an "oversight"? wrong name of hosts, hosts that never worked the bar, nights that don't even have karaoke, multiple shows from one host simultaneously with only one set of gear, but that was just an oversight and Sony has done no investigation. this is the double standard i have been talking about for years now.
_________________ Paradigm Karaoke, The New Standard.......Shift Happens
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