Karaoke Forums

By now, you've heard that Phoenix Entertainment Partners (PEP) has reached an agreement to acquire the CHARTBUSTER KARAOKE trademarks. A lot of you have questions about what this means. We don't have all of the answers just yet because we don't have all the information needed to decide how to proceed.

Here is what we do know:

1) There will be some limited new material produced under the CHARTBUSTER KARAOKE brand. This will be separate from Sound Choice ADVANCE. We will likely focus on holiday music, kids' songs, and the like, mostly stuff that's in the public domain, directed at the consumer market (although professionals will be able to buy and use it). We will probably offer both individual downloads and discs.

2) We will be enforcing the CHARTBUSTER KARAOKE trademarks on much the same terms as we have been enforcing the SOUND CHOICE trademarks, and in the same suits, where warranted.

3) We are leaning toward honoring old, expired CB certifications. (Obviously CB certifications that had no expiration date will continue to be honored, as long as their terms continue to be met.) If you are not now and have never been CB certified, we are working on the details of how to deal with that, and we'll provide those details when they are finalized. We are considering an audit-and-certification plan, but we are also considering some less intrusive methods of gathering the information we need.

4) We will be adding CB certified KJ listings to our online database (as well as HELP licensees) and expanding the features of that listing--more details on that soon.

However, we want to hear your ideas and your questions, particularly regarding No. 3 above. Feel free to post them in this thread, send them to me in a private message, or email customercare (at) phxep (dot) com.

Anyone who is operating legally, and has purchased CB discs, should have no problem agreeing to an audit/certification. However, I do agree that the less intrusive you make it, the more likely KJ's would be willing to comply.

Good luck and congratulations on your acquisition of the CB library.

_________________
Electro-Voice Evolve 50... Taking Sound To The Next Level.

I don't believe they've acquired anything at this point. Harrington specifically said:

He didn't say "purchased" the trademark and if I was going to take an educated guess, I'd have to say that they are in a hurry to produce something to continue the viability of the trademark since it has not been "used in commerce" for some time and may well lose its protection. Public domain music is perfect for this since there is no licensing to pay anyone.... pop out a few discs, sell them in a store and they're safe.

More trademark trolling.... on "technicalities."

To be clear, we have not acquired the library; that will stay with Digitrax (and they will, as far as I am aware, continue to use it in its re-branded form as they have for several years now). We are acquiring the trademark. We will be producing some new music under that mark. We will also be enforcing the mark--and part of that will mean requiring operators who do not have original CB media to remove those tracks from their systems. I can also confirm that HELP licenses will not include any CB material.

If anyone is using CB tracks and they don't have original media for them 1:1, now is the time to find them on the secondary market or to get them off your system.

I bought a 6000+ hard drive from a KJ just retied. He sent me a copy of his license and a signed and notarized recite transferring it to me. Is this going to fly?
He sent me the original license.

Based on what you describe above, yes, that should fly.

Well given that i haven't even had my original sound choice audit yet, it wouldn't be that hard to add my chartbuster discs into the mix.

Altho, going forward i would think it would be easier to have a person consent to an audit of their ENTIRE library. I know PEP doesn't have the right to 'force' people to audit those tracks that they don't own any trademark or whatever on, but if you actually get a kj's consent in writing, i don't see what the problem would be *legally speaking never mind the other implications*

i can't see anything that might currently be in the public domain that i would consider buying, that i don't already have either on my eseentials set or on soundchoice GEM so that doesnt really affect me one way or the other.

as to whether this will increase or decease the value of chartbuster discs.. only time will tell, but hey if someone wants to make me a decent offer for mine, go for it..

This is great news to hear about Pep aquiring Cartbusters. I hope there will be no issues on those Super-CDGs Cavs format.

On another note it's great to have SoundChoice (Oops!) i mean Chartbuster offering Downloads. (Cheers!)

I'm wondering about the CAVS Super CDG's as well... as I have Vol. 1-6. They are at 128kbps and would fall short of any conversion to .WAV or 192kbps as I believe SC CDs are subject to.

For that matter I am also wondering if SC is going to (eventually) offer one fee to certify KJs with both SC and CB materials. Of if the products will be mutually exclusive of one another, meaning separate audits and the like (meaning non certified CB material could be subject to a lawsuit even though they are Certified SC KJs)

In the meantime, I guess I should now start cataloging my CB Disks and SCDs

Thanks for the help.

Now I am confused...

Perhaps I could get some answers. I also have SUPER CD+G but also NEO+G by Chartbusters. Some of them are on SD cards which Chartbuster did make and the 450 (1-6) are in fact pressed DVD's.

I am hoping this will be legal to use them as I've had CAVS and other companies telling me they are indeed legit.

My second concern is that Chartbuster started burning their music "in-house" and most of them were on a white label with a bar-code. I've seen many companies do this due to the costs of the glass mastering.

I have been trying to get a system together buying out used or old discs and am in the process of getting some more but am concerned about my Super CDG / NEO+G/ SD Cards and soon to come a lot of Chartbusters.

Any input on this would be greatly appreciated.

This is my understanding of the above:
PEP will be acquiring the ChartBuster trademark (at some unknown time in the future). This has nothing to do with any CB tracks which Digitrax re branded under their name. PEP might/will produce some new tracks which are under Public Domain and put the ChartBuster name/logo to it. Digitrax will continue to produce tracks under their name (Digitrax). PEP has nothing to do with Digitrax song tracks. PEP will be enforcing anything out there with just the CB trademarks/logos (just like they have been doing with the SC trademarks/logo).

I have left out references to Audits, Licenses, and Certifications (as those details are still being ironed out). Please correct me if I have interpreted this incorrectly.

Looks to me like you got it right Cue: they didn't make the product, they didn't sell the product, but they're going to sue for the trademark they don't "own" because they are only doing "enforcement" remember. It appears they've currently only struck a deal to sue on PR's behalf, most likely completing any sale with proceeds from lawsuit settlements.

I'd call that "trademark trolling" in the purest sense, but your mileage may vary.

Im Going to disagree with you here. According to Jim Harrington they acquired the Chartbuster trademark. That being said, they most likely pursue the same course of action as they have with Sound Choice "Red Logo" items: Certification/Licenses/etc..

They have no equivalent product (GEM Series) to offer, so unless they made a deal with DigiTracks to get a part of the subscription money, they won't be selling any CB items. (edited)

Just my thoughts

In other words, they truly are a litigation company. They have taken over for Piracy Recovery.

_________________
I am the ONLY SANE 1 HERE

And why not, they probably have a stake in it anyway...

No, they haven't "acquired" anything.... yet:



He claimed they WILL be selling some "public domain and children's songs" with that trademark..... And that should be just enough to fulfill a technicality for their lawsuits.

how is this working? the "point" behind suing on the SC trademark was so your client (partner) could get paid for what he made. not an unreasonable idea. but Kurt had 0 to do with CB discs. you are going to sue for you and Kurt to get paid for something you did NOT make. nothing was stolen from you, (mind you i am CB certified) i don;t see this as being right (not talking LEGAL or TECHNICALLY CORRECT, but being RIGHT) in any way. THIS is the absolute definition of Trademark Trolling. this is no different in any way than me buying the MM trademark and suing everybody for not paying ME for something i did not make. and a question... since Advance is struggling to happen at all, why put effort into trying to revive a second label with already out there public domain tracks from the ex SC studio and name the CB? from a business point i don't see the point in spreading things so thin right now.

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

That is what Kurt wants to do. He doesn't want to make money actually selling a product. He wants to sit on his duff and sue people to make money!! He won't NEED the Advance series, or any other production, if he can just sue people til he is blue in the face. If you ask me, he has the ethics of a worm.

_________________
I am the ONLY SANE 1 HERE

Regardless of if they have or are in process of getting the trademark, I will assume that at some point in the future the ChartBuster's logo will be under the Sound Choice/PEP banner... it's just a matter of time.

As for the public domain and children's songs... I will agree with you that it's most likely just placeholder material. No one I can think of is going to buy that stuff (Oh yes I can see it now, a bar full of adults singing "The Itsy Bitsy Spider" and the like). So they will still have nothing to offer anyone in terms of a GEM set or SC Advanced line. I guess if its needed to maintain the trademark, that is what they will do.

I wonder what other dead karaoke labels are available out there... and if SC/PEP has any intent to "Acquire" them in the future. I'm sure they can pick up some of those trademarks 'for a song'.

::sigh::

Well, that is exactly the description of a trademark troll. They're not in the "karaoke business" at all because that excuse is used just for misdirection... they are in the "permission business."