KARAOKE SCENE MAGAZINE ONLINE! - Ok, I am going to be converting everything to MP4 Public Forums Karaoke Discussions Karaoke Scene's Karaoke Forums Home | Contact Us | Site Map  

Karaoke Forums

Karaoke Scene Karaoke Forums

Karaoke Scene

   
  * Login
  * Register

  * FAQ
  * Search

Custom Search

Social Networks


premium-member

Offsite Links


It is currently Fri Oct 19, 2018 11:42 pm

All times are UTC - 8 hours





Post new topic Reply to topic  [ 47 posts ]  Go to page Previous  1, 2, 3
Author Message
PostPosted: Fri May 11, 2018 5:56 pm 
Offline
Advanced Poster
Advanced Poster
User avatar

Joined: Tue Jul 31, 2012 8:18 am
Posts: 388
Been Liked: 230 times
DannyG2006 wrote:
I just got off the phone with Steve Boone from PEP and I now have Kurt's permission to convert to MP4. They are very interested in my idea. As long as my logo is in the corner of the graphic I am good to go with both Sound Choice and Chartbuster.

I didn't realize that PEP had purchased the Chartbuster catalog. I was under the impression that PEP just purchased the Chartbuster trademarks without the content (which is questionably valid to begin with, but I'm not a lawyer so don't take my word for it) and that the content was purchased by Digitrax. Then again I don't really follow things like this all that closely, but if my understanding is correct, you might want to double check with PEP about embedding your logos into the Chartbuster content. If PEP doesn't own the Chartbuster content then I think this could be a legal problem for you. It is my understanding that in order to transfer or assign a trademark, it must be accompanied by the marks "goodwill" which of course lies within the content itself. Either way make sure you get this stuff in writing to avoid any confusion or future misunderstandings and if you have any knowledge that the Chartbuster library is not the property of PEP, you would be wise to consult an attorney before entering any kind of an agreement.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Fri May 11, 2018 6:02 pm 
Offline
Extreme Poster
Extreme Poster
User avatar

Joined: Sun Nov 27, 2005 11:31 am
Posts: 4277
Location: Watebrury, CT
Been Liked: 196 times
I received the email from Steve about 15 minutes after talking with him. But at this time to safe, I will only be doing the logo at the top corner, and it's a small logo so it doesn't interfere with the graphics whatsoever.

_________________
The Line Array Experiment is over. Nothing to see here. Move along.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Sat May 12, 2018 4:50 am 
Offline
Extreme Poster
Extreme Poster

Joined: Thu Jun 06, 2002 7:26 am
Posts: 4737
Location: In your head rent-free
Been Liked: 500 times
Bastiat wrote:
DannyG2006 wrote:
I want to use the same color background. I need it to be a color that has never been used for the lyrics whether it's the sweeps or the starting color of the lyrics. Any suggestions?


Can you spell T-R-A-D-E-M-A-R-K___I-N-F-R-I-N-G-E-M-E-N-T ??? Actually a trade dress violation but in any case, while the likelihood of a content provider suing you for this type of infringement is small, the benefits don't seem to outweigh the risks. Just sayin'

Sorry Tom, but PEP already tried that trade dress angle (in Illinois) and the court tossed it out almost immediately.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Sat May 12, 2018 7:26 am 
Offline
Major Poster
Major Poster

Joined: Sat Apr 28, 2018 9:28 pm
Posts: 52
Been Liked: 16 times
I would think that the trade dress issue would apply if someone took a Music Maestro track and tried to make it it look like a Sound Choice track. I think that PEP would have a legal case as far as trade dress goes because someone would be trying to pass off a sub standard product as a Sound Choice product. Now taking a Sound Choice track and making it look like a home made track would be a little tougher to win a law suit against. All that person is doing is trying to make sure that none of his singing customers would be confused into thinking that Sound Choice is somehow in control of his show.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Sat May 12, 2018 7:29 am 
Offline
Extreme Poster
Extreme Poster
User avatar

Joined: Sun Nov 27, 2005 11:31 am
Posts: 4277
Location: Watebrury, CT
Been Liked: 196 times
Bastiat wrote:
DannyG2006 wrote:
No if the long gone manufacturers never chose to enact policies on media shifting then they lost that right to refuse to allow it when they ceased to exist. If our representitive from Stellar wants to inventory his songs in my library, I am more than willing to oblige. Just pm me if you are interested.

Danny, holy cow! I don't think you're comprehending the issue. Whether or not the "manufacturers" chose to enact policies on media shifting is IRRELEVANT. They didn't lose that right because they never had such a right in the first place. You should do a bit of legal research on this issue before you put forth these arguments based on a false premise. There is enough case law on the books that has settled this issue a long time ago. You don't need permission of any sort to media shift the content you legally purchased. Period, end of story!!!

I have no interest whatsoever now nor did I ever have any interest in inventorying someone's library. With that being said, I'm glad that you were able to get Pep to accommodate you in adding your logo. It might be a good idea to get it in writing. Not that I think that Pep would renege on their approval, but sometimes when years pass and no one remembers what was said, problems can arise. Nevertheless, I do not grant permission to anyone to embed, alter, or delete in whole or in part, any of the graphics and lyrics displays that accompany the audio tracks. The same goes for the audio. I do not grant permission to add, alter, edit or delete in whole or in part, the audio in any way other than key changes or fade outs to accompany the live performance. However any key changes or fade outs are limited to real time applications only. Even if I were willing to allow you to embed your logos in my content (which I am not), in some cases I may not even have the authority to allow you to do so. "Sync" licenses can be very specific as to what a particular publisher will allow and I am not about to go through 15,000 sync licenses to determine which if any publishers will not allow graphic images in certain areas of a song.

BTW, I didn't realize that Steve Boone still worked for Kurt. Steve is one of the nicest human beings on the planet, and one of the very few people in the karaoke biz that I can honestly say that I like. Not that Kurt isn't a likable guy because he is once you get to know him, but Steve really is special.

Both Steve and Kurt are great guys. Generous to a fault. I really enjoyed meeting them in November of 2010. Steve was nice enough to give me a ride to the bus station when I was heading home from getting my system audited and purchasing the license for the GEM Series.

_________________
The Line Array Experiment is over. Nothing to see here. Move along.


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Sat May 12, 2018 9:05 am 
Offline
Advanced Poster
Advanced Poster
User avatar

Joined: Tue Jul 31, 2012 8:18 am
Posts: 388
Been Liked: 230 times
c. staley wrote:
Sorry Tom, but PEP already tried that trade dress angle (in Illinois) and the court tossed it out almost immediately.

You might be right about this. The more I thought about it the more I thought that trade dress is probably not applicable under that scenario. The other issue is that if the lyric screen graphic designs weren't registered (something my counsel encouraged me to do but I declined), then there isn't much in the way of recourse available to the content owner. Personally, other than the branding itself, I never really cared one way or another if a host changed the color or other graphic elements of the lyrics display, as long as they did it in real time and did not alter the actual file itself. If for some reason altering the graphics of the lyric display would make the lyrics easier to read on his or her system then I would encourage rather than discourage that practice providing that doing so did not violate any copyright laws.

KJKILLER wrote:
...... Now taking a Sound Choice track and making it look like a home made track would be a little tougher to win a law suit against. All that person is doing is trying to make sure that none of his singing customers would be confused into thinking that Sound Choice is somehow in control of his show.

I sincerely doubt that that is even a remote possibility. In the first place there are probably several splash screens displayed throughout the course of a show from several different producers. Also, I think the American consumer is constantly being bombarded with advertising, logo displays, product branding, and PSAs, etc. and doesn't for even the briefest of moments entertain the idea that whomever is advertising at the moment is in control of the show. I mean think about it for a minute. The last time you saw a commercial for Viagra did you think that Pfizer was in control of the last "Leave It To Beaver" rerun that you just watched?


Top
 Profile Singer's Showcase Profile 
 
PostPosted: Sat May 12, 2018 11:05 am 
Offline
Super Extreme Poster
Super Extreme Poster
User avatar

Joined: Mon Dec 10, 2001 3:57 pm
Posts: 22295
Songs: 35
Images: 3
Location: Tacoma, WA
Been Liked: 1901 times
Bastiat wrote:
DannyG2006 wrote:
I just got off the phone with Steve Boone from PEP and I now have Kurt's permission to convert to MP4. They are very interested in my idea. As long as my logo is in the corner of the graphic I am good to go with both Sound Choice and Chartbuster.

I didn't realize that PEP had purchased the Chartbuster catalog. I was under the impression that PEP just purchased the Chartbuster trademarks without the content (which is questionably valid to begin with, but I'm not a lawyer so don't take my word for it) and that the content was purchased by Digitrax. Then again I don't really follow things like this all that closely, but if my understanding is correct, you might want to double check with PEP about embedding your logos into the Chartbuster content. If PEP doesn't own the Chartbuster content then I think this could be a legal problem for you. It is my understanding that in order to transfer or assign a trademark, it must be accompanied by the marks "goodwill" which of course lies within the content itself. Either way make sure you get this stuff in writing to avoid any confusion or future misunderstandings and if you have any knowledge that the Chartbuster library is not the property of PEP, you would be wise to consult an attorney before entering any kind of an agreement.
Digitrax/Karaoke Cloud actually own the CB 'content', not PEP. PEP only has the trademark/logo.

_________________
LIKE Lonman on Facebook - Lonman Productions Karaoke & my main site via my profile!
Image


Top
 Profile Personal album Singer's Showcase Profile 
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 47 posts ]  Go to page Previous  1, 2, 3

All times are UTC - 8 hours


Who is online

Users browsing this forum: dsm2000 and 38 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Powered by phpBB® Forum Software © phpBB Group

Privacy Policy | Anti-Spam Policy | Acceptable Use Policy Copyright © Karaoke Scene Magazine
design & hosting by Cross Web Tech